Law

Education Act 1996

United Kingdom · statute

Ask the law about thisMore laws of United KingdomFor machines: Markdown

Open at the publisher →

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: 725 provisions
  1. Title and introductory text
  2. 1 The stages of education.
  3. 2 Definition of primary, secondary and further education.
  4. 3 Definition of pupil etc.
  5. 4 Schools: general.
  6. 5 Primary schools, secondary schools and middle schools.
  7. 6 Nursery schools ... .
  8. 7 Duty of parents to secure education of children of compulsory school age.
  9. 8 Compulsory school age.
  10. 9 Pupils to be educated in accordance with parents’ wishes.
  11. 10 General duty of Secretary of State.
  12. 11 Duty in the case of primary, secondary and further education.
  13. 12 Local authorities and their areas.
  14. 13 General responsibility for education.
  15. 13A Duty to promote high standards and fulfilment of potential
  16. 14 Functions in respect of provision of primary and secondary schools.
  17. 14A Duty of local authority to consider parental representations
  18. 15 Functions in respect of provision of further education.
  19. 15ZA Duty in respect of education and training for persons over compulsory school age: England
  20. 15ZB Co-operation in performance of section 15ZA duty
  21. 15ZC Encouragement of education and training for persons over compulsory school age: England
  22. 15ZD Sections 15ZA to 15ZC: duty to have regard to guidance
  23. 15A Powers in respect of education and training for 16 to 18 year olds.
  24. 15B Functions in respect of education for persons over 19.
  25. 16 Power to establish, maintain and assist primary and secondary schools.
  26. 17 Powers in respect of nursery schools .
  27. 18 Power to arrange provision of education at non-maintained schools.
  28. 18A Provision of education for persons subject to youth detention
  29. 19 Exceptional provision of education in pupil referral units or elsewhere : England
  30. 19A Exceptional provision of education in pupil referral units or elsewhere: Wales
  31. 19B Schools to co-operate with local authority in securing adequate provision (England)
  32. 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  33. 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  34. 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  35. 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  36. 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  37. 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  38. 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  39. 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  40. 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  41. 29 Provision of information by local authorities.
  42. 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  43. 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  44. 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  45. 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  46. 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  47. 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  48. 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  49. 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  50. 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  51. 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  52. 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  53. 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  54. 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  55. 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  56. 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  57. 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  58. 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  59. 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  60. 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  61. 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  62. 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  63. 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  64. 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  65. 53 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  66. 54 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  67. 55 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  68. 56 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  69. 57 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  70. 58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  71. 59 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  72. 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  73. 61 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  74. 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  75. 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  76. 64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  77. 65 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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  93. 81 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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  95. 83 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  96. 84 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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  107. 95 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  108. 96 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  109. 97 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  110. 98 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  111. 99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  112. 100 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  113. 127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  114. 128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  115. 129 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  116. 130 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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  119. 133 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  120. 134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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  125. 139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  126. 140 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  127. 141 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  128. 142 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  129. 143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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  228. 242 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  229. 243 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  230. 244 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  231. 245 Special purpose grants.
  232. 246 Capital grants.
  233. 247 Imposition of requirements on governing body in receipt of grant.
  234. 248 Grants: further provisions.
  235. 249 Application of sections 250 to 254.
  236. 250 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  237. 251 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  238. 252 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  239. 253 Imposition of requirements on governing body in receipt of grant.
  240. 254 Grants: further provisions.
  241. 255 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  242. 256 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  243. 257 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  244. 258 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  245. 259 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  246. 260 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  247. 261 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  248. 262 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  249. 263 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  250. 264 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  251. 265 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  252. 266 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  253. 267 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  254. 268 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  255. 269 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  256. 270 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  257. 271 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  258. 272 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  259. 273 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  260. 274 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  261. 275 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  262. 276 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  263. 277 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  264. 278 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  265. 279 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  266. 280 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  267. 281 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  268. 282 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  269. 283 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  270. 284 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  271. 285 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  272. 286 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  273. 287 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  274. 288 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  275. 289 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  276. 290 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  277. 291 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  278. 292 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  279. 293 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  280. 294 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  281. 295 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  282. 296 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  283. 297 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  284. 298 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  285. 299 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  286. 300 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  287. 301 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  288. 302 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  289. 303 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  290. 304 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  291. 305 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  292. 306 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  293. 306A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  294. 307 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  295. 307A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  296. 308 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  297. 309 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  298. 310 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  299. 311 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  300. 311A Application of this Chapter: children in Wales
  301. 312 Meaning of “special educational needs” and “special educational provision” etc.
  302. 312A Children subject to detention
  303. 313 Code of Practice.
  304. 314 Making and approval of code.
  305. 315 Review of arrangements.
  306. 316 Duty to educate children with special educational needs in mainstream schools
  307. 316A Education otherwise than in mainstream schools
  308. 317 Duties of governing body or local authority in relation to pupils with special educational needs.
  309. 317A Duty to inform parent where special educational provision made
  310. 318 Provision of goods and services in connection with special educational needs.
  311. 319 Special educational provision otherwise than in schools.
  312. 320 Provision outside England and Wales for certain children.
  313. 321 General duty of local authority towards children for whom they are responsible.
  314. 322 Duty of certain bodies to help local authority.
  315. 323 Assessment of educational needs.
  316. 324 Statement of special educational needs.
  317. 325 Appeal against decision not to make statement.
  318. 326 Appeal against contents of statement.
  319. 326A Unopposed appeals
  320. 327 Access for local authority to certain schools.
  321. 328 Reviews of educational needs.
  322. 328A Appeal against determination of local authority in England not to amend statement following review
  323. 329 Assessment of educational needs at request of child’s parent.
  324. 329A Review or assessment of educational needs at request of responsible body
  325. 330
  326. 331 Assessment of educational needs of children under two.
  327. 332 Duty of Local Health Board or National Health Service trust to notify parent etc.
  328. 332ZA Right of a child to appeal to the ... Tribunal
  329. 332ZB Notice and service of documents on a child
  330. 332ZC Case friends ...
  331. 332A Advice and information for parents — England
  332. 332AA Advice and information ...
  333. 332B Resolution of disputes — England
  334. 332BA Resolution of disputes ...
  335. 332BB Independent advocacy services ...
  336. 332C Provision of information
  337. 332D Publication of information
  338. 332E Interpretation of sections 332C and 332D
  339. 333 Constitution of ... Tribunal.
  340. 334 The President and members of the panels.
  341. 335 Remuneration and expenses.
  342. 336 Tribunal procedure.
  343. 336ZA Special Educational Needs Tribunal for Wales
  344. 336ZB Appeals from the ... Tribunal to the Upper Tribunal
  345. 336A Compliance with orders
  346. 337 Special schools
  347. 337A Interpretation of Chapter
  348. 338 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  349. 339 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  350. 340 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  351. 341 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  352. 342 Approval of non-maintained special schools.
  353. 342A Application to justice of the peace: power to make regulations
  354. 342B Appeal against decision of Secretary of State
  355. 342C Appeal against order of justice of peace
  356. 343 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  357. 344 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  358. 345 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  359. 346 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  360. 347 Approval of independent schools.
  361. 348 Provision of special education at non-maintained schools —Wales.
  362. 349 Variation of trust deeds etc. by order.
  363. 350 Meaning of “maintained school” etc. in Part V.
  364. 351 General duties in respect of the curriculum.
  365. 352 Basic curriculum for every maintained school.
  366. 353 The National Curriculum.
  367. 354 The core subjects and other foundation subjects.
  368. 355 The key stages.
  369. 356 Establishment of the National Curriculum by order.
  370. 357 Implementation of the National Curriculum in schools.
  371. 358 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  372. 359 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  373. 360 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  374. 361 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  375. 362 Development work and experiments.
  376. 363 Exceptions by regulations.
  377. 364 Pupils with statements of special educational needs.
  378. 365 Temporary exceptions for individual pupils.
  379. 366 Information concerning directions under section 365.
  380. 367 Appeals against directions under section 365 etc.
  381. 368 Procedure for making certain orders and regulations.
  382. 369 Programmes of research etc. in relation to Wales.
  383. 370 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  384. 371 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  385. 372 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  386. 373 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  387. 374 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  388. 375 Agreed syllabuses of religious education.
  389. 376 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  390. 377 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  391. 378 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  392. 379 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  393. 380 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  394. 381 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  395. 382 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  396. 383 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  397. 384 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  398. 385 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  399. 386 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  400. 387 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  401. 388 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  402. 389 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  403. 390 Constitution of advisory councils.
  404. 391 Functions of advisory councils.
  405. 392 Advisory councils: supplementary provisions.
  406. 393 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  407. 394 Determination of cases in which requirement for Christian collective worship is not to apply.
  408. 395 Review of determinations under section 394.
  409. 396 Power of Secretary of State to direct advisory council to revoke determination or discharge duty.
  410. 397 Religious education: access to meetings and documents.
  411. 398 No requirement of attendance at Sunday school etc.
  412. 399 Determination of question whether religious education in accordance with trust deed.
  413. 400 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  414. 401 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  415. 402 Obligation to enter pupils for public examinations.
  416. 403 Sex education: manner of provision.
  417. 404 Sex education: statements of policy.
  418. 405 Exemption from sex education.
  419. 406 Political indoctrination.
  420. 407 Duty to secure balanced treatment of political issues.
  421. 408 Provision of information.
  422. 409 Complaints and enforcement: maintained schools in Wales.
  423. 410 Application of Part V in relation to nursery education.
  424. 411 Parental preferences.
  425. 411A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  426. 412 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  427. 413 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  428. 413A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  429. 413B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  430. 414 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  431. 415 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  432. 416 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  433. 417 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  434. 418 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  435. 419 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  436. 420 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  437. 421 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  438. 421A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  439. 422 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  440. 423 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  441. 423A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  442. 424 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  443. 425 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  444. 425A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  445. 425B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  446. 426 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  447. 426A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  448. 427 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  449. 428 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  450. 429 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  451. 430 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  452. 431 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  453. 432 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  454. 433 Time for admission of pupils.
  455. 434 Registration of pupils.
  456. 434A Local authority consent for withdrawal of certain children from school
  457. 434B Mandatory local authority meetings prior to withdrawal of child from school
  458. 435 Withdrawal of pupils from a primary school for secondary education.
  459. 436 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  460. 436A Duty to make arrangements to identify children not receiving education
  461. 436B Duty to register children not in school
  462. 436C Content and maintenance of registers
  463. 436E Provision of information to local authorities: education providers
  464. 436F Use of information in the register
  465. 436I School attendance orders
  466. 436S References to “regulations” and “prescribed”
  467. 436T Processing of information
  468. 437 School attendance orders.
  469. 438 Choice of school: child without EHC plan or statement of special educational needs , or an individual development plan which names a school.
  470. 439 Specification of schools in notices under section 438(2).
  471. 440 Amendment of order at request of parent: child without EHC plan or statement of special educational needs , or an individual development plan which names a school.
  472. 441 Choice of school: child with EHC plan or statement of special educational needs.
  473. 441A Choice of school: child with individual development plan which names a school
  474. 442 Revocation of order at request of parent.
  475. 443 Offence: failure to comply with school attendance order.
  476. 444 Offence: failure to secure regular attendance at school of registered pupil.
  477. 444ZA Application of section 444 to alternative educational provision
  478. 444A Penalty notice in respect of failure to secure regular attendance at school of registered pupil
  479. 444B Penalty notices: supplemental
  480. 445 Presumption of age.
  481. 446 Institution of proceedings.
  482. 447 Education supervision orders.
  483. 448 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  484. 449 Meaning of “maintained school” in Chapter III.
  485. 450 Prohibition of charges for admission.
  486. 451 Prohibition of charges for provision of education.
  487. 452 Application of section 451 where education is provided partly during and partly outside school hours etc.
  488. 453 Examinations: prohibition of charges and recovery of wasted fees.
  489. 454 Prohibition of incidental charges.
  490. 455 Permitted charges.
  491. 456 Regulation of permitted charges.
  492. 457 Charges and remissions policies.
  493. 458 Charges for board and lodging at boarding schools.
  494. 459 Provision of information.
  495. 460 Contributions and charges unaffected by Chapter III.
  496. 461 Recovery of sums as civil debt.
  497. 462 Interpretation of Chapter III.
  498. 463 Alteration to definition of “independent school”
  499. 464 Separate registration for England and for Wales.
  500. 465 Provisional and final registration of a school.
  501. 466 Enforcement of registration: offences.
  502. 467 Provision of information about registered and provisionally registered schools.
  503. 468 School may be struck off for contravention of regulations about employment of teachers.
  504. 469 Notice of complaint by Secretary of State.
  505. 470 Determination of complaint by an Independent Schools Tribunal.
  506. 471 Determination of complaint by Secretary of State.
  507. 472 Effect of personal disqualification.
  508. 473 Enforcement of disqualification.
  509. 473A Removal of disqualification: persons no longer unsuitable to work with children.
  510. 473B Conditions for application under section 473A.
  511. 474 Removal of disqualification: other cases.
  512. 475 Duty of Registrar to comply with order for the deletion of a school from the register.
  513. 476 Constitution and proceedings of Independent Schools Tribunals.
  514. 477 Disqualification in Scotland.
  515. 478 Offences: institution of proceedings and punishment.
  516. 479 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  517. 480 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  518. 481 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  519. 482 Academies
  520. 483 City colleges: financial provisions.
  521. 483A City colleges and academies: special educational needs and additional learning needs.
  522. 484 Education standards grants.
  523. 485 Grants in aid of educational services or research.
  524. 486 Grants to bodies whose objects are promotion of learning or research.
  525. 487 Grants for education in Welsh.
  526. 488 Grants for education of travellers and displaced persons.
  527. 489 Conditions as to payment of grants under sections 484 to 488.
  528. 490 Grants in respect of special provision for ethnic minorities.
  529. 491 Payment of school fees and expenses.
  530. 492 Recoupment: adjustment between local authorities.
  531. 493 Recoupment: cross-border provisions.
  532. 494 Recoupment: excluded pupils.
  533. 495 Determination of disputes.
  534. 496 Power to prevent unreasonable exercise of functions.
  535. 497 General default powers.
  536. 497A Power to secure proper performance of local authority’s education functions .
  537. 497AA Power to secure proper performance: duty of authority where directions contemplated
  538. 497B Power to secure proper performance: further provisions.
  539. 497C Academies: power to secure performance of proprietor’s duties
  540. 498 Powers where no properly constituted governing body.
  541. 499 Power to direct appointment of members of education committees.
  542. 500 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  543. 501 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  544. 502 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  545. 503 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  546. 504 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  547. 505 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  548. 506 Power to require medical examination of pupils.
  549. 507 Power to direct local inquiries.
  550. 507A Local authorities in England: functions in respect of recreational and training facilities for children under 13
  551. 507B Local authorities in England: functions in respect of leisure-time activities etc for persons aged 13 to 19 and certain persons aged 20 to 24
  552. 508 Local authorities in Wales: functions in respect of facilities for recreation and social and physical training.
  553. 508A Local authorities in England: duty to promote sustainable modes of travel etc
  554. 508B Local authorities in England: travel arrangements for eligible children
  555. 508C Local authorities in England: travel arrangements etc for other children
  556. 508D Guidance etc in relation to sections 508B and 508C
  557. 508E Local authorities in England: school travel schemes
  558. 508F Local authorities in England: provision of transport etc for adult learners
  559. 508G Local authorities in England: transport policy statements etc for young adults subject to learning difficulty assessment
  560. 508H Guidance: sections 508F and 508G
  561. 508I Complaints about transport arrangements etc for young adult for whom EHC plan is maintained: England
  562. 509 LEAs in Wales: provision of transport etc.
  563. 509AA Local authorities in England: provision of transport etc. for persons of sixth form age
  564. 509AB Local authorities in England: further provision about transport policy statements for persons of sixth form age
  565. 509AC Interpretation of sections 509AA and 509AB
  566. 509AD Local authorities in England: duty to have regard to religion or belief in exercise of travel functions
  567. 509AE Complaints about transport arrangements etc for persons of sixth form age in England
  568. 509A Local authorities in England: travel arrangements for children receiving early years education otherwise than at school.
  569. 510 Provision of clothing.
  570. 511 Provisions supplementary to section 510.
  571. 512 Local authorityfunctions concerning provision of meals, etc.
  572. 512ZA Power to charge for meals etc.
  573. 512ZB Provision of free school lunches and milk
  574. 512ZC Protection of identity of pupils receiving free school lunches or milk
  575. 512A Transfer of functions under section 512 to governing bodies.
  576. 512B Provision of school lunches: Academies
  577. 512C School food standards: Academies
  578. 513 Provision of meals etc. at schools not maintained by local authorities.
  579. 514 Provision of board and lodging otherwise than at school.
  580. 514A Provision of boarding accommodation for person for whom an EHC plan is maintained
  581. 515 Provision of teaching services for day nurseries.
  582. 516 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  583. 517 Payment of fees at schools not maintained by a local authority.
  584. 518 Payment of school expenses; grant of scholarships, etc.
  585. 519 Travelling and subsistence allowances for governors of schools and further or higher education institutions.
  586. 520 Medical inspection and treatment of pupils.
  587. 521 Examination of pupils for cleanliness.
  588. 522 Compulsory cleansing of a pupil.
  589. 523 Arrangements for cleansing of pupils.
  590. 524 Suspension of a pupil pending examination or cleansing.
  591. 525 Offence of neglecting the cleanliness of a pupil.
  592. 526 Powers as to educational research.
  593. 527 Powers as to educational conferences.
  594. 527A Duty of local authority to prepare plan relating to children with behavioural difficulties.
  595. 528 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  596. 529 Power to accept gifts on trust for educational purposes.
  597. 530 Compulsory purchase of land.
  598. 531 Acquisition of land by agreement.
  599. 532 Appointment of chief education officer.
  600. 533 Functions of governing bodies of maintained schools with respect to provision of school meals etc.
  601. 534 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  602. 535 Provision of teaching services for day nurseries.
  603. 536 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  604. 537 Power of Secretary of State to require information from governing bodies etc.
  605. 537A Provision of information about individual pupils.
  606. 537B Provision of information about children receiving funded education outside school
  607. 537C Disclosure of information by or to principal regulators of exempt charities
  608. 538 Provision of information to Secretary of State by governing bodies of maintained schools.
  609. 538A Power to direct participation in international surveys
  610. 539 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  611. 540 Distribution of information about schools providing secondary education.
  612. 541 Distribution of information about further education institutions.
  613. 542 Prescribed standards for school premises.
  614. 543 Relaxation of prescribed standards in special cases.
  615. 544 Approval etc. of school premises and boarding hostels.
  616. 545 Exemption from building byelaws of approved buildings.
  617. 546 Control of potentially harmful materials and apparatus in schools.
  618. 547 Nuisance or disturbance on school premises.
  619. 548 No right to give corporal punishment.
  620. 549 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  621. 550 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  622. 550A Power of members of staff to restrain pupils.
  623. 550ZA Power of members of staff to search pupils for prohibited items: England
  624. 550ZB Power of search under section 550ZA: supplementary
  625. 550ZC Power to seize items found during search under section 550ZA
  626. 550ZD Section 550ZC: supplementary
  627. 550AA Power of members of staff to search pupils for weapons : Wales
  628. 550B Detention outside school hours lawful despite absence of parental consent.
  629. 550C Guidance on use of mobile phones etc in schools in England
  630. 551 Regulations as to duration of school day etc.
  631. 551ZA School uniforms: limits on branded items
  632. 551A Guidance about the costs of school uniforms: England
  633. 551B Free breakfast club provision in primary schools in England
  634. 552
  635. 553 Schemes under the Endowed Schools Acts.
  636. 554 Power to make new provision as to use of endowments.
  637. 555 Procedure applicable to orders under section 554.
  638. 556 Content of orders under section 554.
  639. 557 Adoption of statutory trusts.
  640. 558 Meaning of “child” for purposes of enactments relating to employment of children or young persons.
  641. 559 Power of local authorities to prohibit or restrict employment of children.
  642. 560 Work experience in last year of compulsory schooling.
  643. 560A Work experience for persons over compulsory school age: England
  644. 561 Act not to apply to persons in service of the Crown.
  645. 562 Act not to apply to certain persons detained under order of a court.
  646. 562A Application of Act to detained persons
  647. 562B Duty to take steps to promote fulfilment of potential
  648. 562C Detained persons with statement of special educational needs
  649. 562D Appropriate special educational provision: arrangements between local authorities
  650. 562E Literacy and numeracy assessments
  651. 562F Provision of information about detained persons
  652. 562G Information to be provided where statement of special educational needs previously maintained
  653. 562H Release of detained person appearing to host authority to require assessment
  654. 562I Guidance
  655. 562J Interpretation of Chapter
  656. 563 Educational records.
  657. 564 Certificates of birth and registrars’ returns.
  658. 565 Evidence: presumption as to age.
  659. 566 Evidence: documents.
  660. 567 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  661. 568 Orders.
  662. 569 Regulations.
  663. 569A Regulations made by Welsh Ministers under Chapter 5A
  664. 570 Revocation and variation of certain orders and directions.
  665. 571 Publication of guidance.
  666. 572 Service of notices and other documents.
  667. 573 Meaning of expressions relating to alteration etc. of premises or character of schools.
  668. 574 Changes to school not amounting to discontinuance etc.
  669. 575
  670. 576 Meaning of “parent”.
  671. 577 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  672. 578 Meaning of “the Education Acts”.
  673. 579 General interpretation.
  674. 580 Index.
  675. 581 Application to Isles of Scilly.
  676. 582 Consequential amendments, repeals, transitional provisions etc.
  677. 583 Short title, commencement and extent.
  678. SCHEDULE 1 Pupil referral units
  679. SCHEDULE 2
  680. SCHEDULE 3
  681. SCHEDULE 4
  682. SCHEDULE 5
  683. SCHEDULE 6
  684. SCHEDULE 7
  685. SCHEDULE 8
  686. SCHEDULE 9
  687. SCHEDULE 10
  688. SCHEDULE 11 Contents of statements under section 122(2) and section 124(1)
  689. SCHEDULE 12 Financial delegation and new schools
  690. SCHEDULE 13 Staffing of county, controlled, special agreement and maintained special schools
  691. SCHEDULE 14
  692. SCHEDULE 15
  693. SCHEDULE 16
  694. SCHEDULE 17 Governors’ annual reports
  695. SCHEDULE 18 Annual parents’ meetings
  696. SCHEDULE 19 Conduct and staffing of new county, voluntary and maintained special schools
  697. SCHEDULE 20
  698. SCHEDULE 21
  699. SCHEDULE 22 Governing bodies of grant-maintained schools
  700. SCHEDULE 23 Content of articles of government for grant-maintained schools
  701. SCHEDULE 24 Categories of governors
  702. SCHEDULE 25 Core governors for groups
  703. Schedule 25A Appeals against exclusion of pupils from grant-maintained schools
  704. SCHEDULE 26 Making of assessments under section 323
  705. SCHEDULE 27 Making and maintenance of statements under section 324
  706. SCHEDULE 28
  707. SCHEDULE 29
  708. SCHEDULE 30
  709. SCHEDULE 31 Agreed syllabuses of religious education
  710. Schedule 31A Failure to provide information under section 436E: monetary penalties
  711. SCHEDULE 32
  712. SCHEDULE 33
  713. Schedule 33A
  714. Schedule 33B
  715. SCHEDULE 34 Independent Schools Tribunals
  716. SCHEDULE 35
  717. SCHEDULE 35B Meaning of “eligible child” for purposes of section 508B
  718. SCHEDULE 35C School Travel Schemes
  719. SCHEDULE 36 Uniform statutory trusts for educational endowments
  720. SCHEDULE 36A Education functions
  721. SCHEDULE 37 Consequential amendments
  722. SCHEDULE 38 Repeals and revocations
  723. SCHEDULE 39 Transitional provisions and savings
  724. SCHEDULE 40
  725. TABLE OF DERIVATIONS

Proposed changes to this act

No one has proposed a change to this act yet.

725 provisions

534 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

535 Provision of teaching services for day nurseries.

(1) Subject to subsection (2), the governing body of a community, foundation or voluntary primary school having one or more nursery classes may, in accordance with arrangements made by them for that purpose, make available to a day nursery in England or Wales or to a registered early years provider in England the services of any teacher who is employed by them in the school and has agreed to provide his services for the purposes of the arrangements. (2) No arrangements shall be made under subsection (1) except at the request of the local authority and on terms approved by them. (3) Arrangements under this section may make provision— (a) for the supply of equipment for use in connection with the teaching services made available under the arrangements, (b) for regulating the respective functions of any teacher whose services are made available under the arrangements, the head teacher of his school and the person in charge of the day nursery or (as the case may be) the registered early years provider , and (c) for any supplementary or incidental matters connected with the arrangements, including— (i) in relation to England, any charges to be imposed in connection with the arrangements, and (ii) in relation to Wales, where the teacher's school and the day nursery are in the areas of different local authorities , financial adjustments between those authorities. (4) In this section— “day nursery” means a day nursery provided under section 18 of the Children Act 1989 (provision by local authorities of day care for pre-school and other children) or sections 37 to 39 of the Social Services and Well-being (Wales) Act 2014 (meeting care and support needs of children); “registered early years provider” means a person registered under Part 3 of the Childcare Act 2006. (5) A teacher shall not be regarded as ceasing to be a member of the teaching staff of his school and subject to the general directions of his head teacher by reason only of his services being made available in pursuance of arrangements under this section.

Propose a change

536 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

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

(1) The Secretary of State may by regulations make provision requiring— (a) the governing body of every school which is— (i) maintained by a local authority, or (ii) a special school which is not maintained by such an authority, and (b) the proprietor of every (i) independent school, or (ii) alternative provision Academy which is not an independent school, to provide such information about the school as may be prescribed. (2) For the purposes of this section information about the continuing education of pupils leaving a school, or the employment or training taken up by such pupils on leaving, is to be treated as information about the school. (3) Where the Secretary of State exercises his power to make regulations under this section he shall do so with a view to making available information which is likely to— (a) assist parents in choosing schools for their children; (b) increase public awareness of the quality of the education provided by the schools concerned and of the educational standards achieved in those schools; or (c) assist in assessing the degree of efficiency with which the financial resources of those schools are managed. (4) Information which is required by virtue of regulations under this section shall be provided— (a) in such form and manner, (b) on such occasions, and (c) to such person or persons, in addition to or in place of the Secretary of State, as may be prescribed ; and regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Secretary of State is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement of such regulations relating to the provision of information to the Secretary of State.. (5) No information provided in accordance with regulations under this section shall name any pupil to whom it relates. (6) The Secretary of State may— (a) publish information provided in accordance with regulations under this section in such form and manner as he considers appropriate; (b) make arrangements for such information to be published in such form and manner, and by such persons, as he may specify for the purposes of this section; (c) make regulations requiring local authorities to publish prescribed categories of such information, together with such supplementary information as may be prescribed, in such form and manner as may be prescribed. (7) The Secretary of State may make regulations requiring— (a) the governing body of any school which is maintained by a local authority . . ., (b) the proprietor of any city technology college , city college for the technology of the arts or Academy, or (c) any local authority, to provide prescribed persons with prescribed categories of information published under subsection (6). (8) Information provided under subsection (7) shall be provided in such form and manner as may be prescribed. (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (11) Without prejudice to the generality of section 569(4), regulations under this section may make provision for the designation by the Secretary of State, in accordance with the regulations, of particular schools or classes of schools for the purposes of the application of particular provisions of the regulations in relation to such schools. (12) This section is not to be taken as restricting, or otherwise affecting, any other powers that the Secretary of State may have to make regulations with respect to, or otherwise to require, the provision of information by any person. (13) This section does not apply to nursery schools.

Propose a change

537A Provision of information about individual pupils.

(1) Regulations may make provision requiring— (a) the governing body of every school which is— (i) maintained by a local authority, or (ii) a special school which is not maintained by such an authority, and (b) the proprietor of every (i) independent school, or (ii) alternative provision Academy that is not an independent school, to provide to the relevant person such individual pupil information as may be prescribed. (2) In subsection (1) “the relevant person” means one or more of the following— (a) the Secretary of State, and (b) any prescribed person. (3) Where any person within paragraph (b) of subsection (2) receives information by virtue of subsection (1), the Secretary of State may require that person to provide any such information— (a) to him, or (b) to any prescribed person. (4) The Secretary of State may provide any individual pupil information— (a) to any information collator, (b) to any prescribed person, or (c) to any person falling within a prescribed category. (5) Any information collator— (a) may provide any individual pupil information— (i) to the Secretary of State, (ii) to any other information collator, or (iii) to the governing body or proprietor of the school attended by the pupil or pupils to whom the information relates; and (b) may, at such times as the Secretary of State may determine, provide such individual pupil information as may be prescribed— (i) to any prescribed person, or (ii) to any person falling within a prescribed category. (6) Any person holding any individual pupil information (other than the Secretary of State or an information collator) may provide that information to— (a) the Secretary of State, (b) any information collator, or (c) any prescribed person. (7) No information received under or by virtue of this section shall be published in any form which includes the name of the pupil or pupils to whom it relates. (8) Regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Secretary of State is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement imposed by or by virtue of any such provision and relating to the provision of information to the Secretary of State. (9) In this section— “individual pupil information” means information relating to and identifying individual pupils or former pupils at any school within subsection (1), whether obtained under subsection (1) or otherwise; “information collator” means any body which, for the purposes of or in connection with the functions of the Secretary of State relating to education, is responsible for collating or checking information relating to pupils.

Propose a change

537B Provision of information about children receiving funded education outside school

(1) Regulations may make provision requiring a person who provides funded education to provide to the relevant person such individual child information as may be prescribed. (2) In subsection (1), “the relevant person” means one or more of the following— (a) the Secretary of State, and (b) any prescribed person. (3) Where any person within paragraph (b) of subsection (2) receives information by virtue of subsection (1), the Secretary of State may require that person to provide any such information— (a) to him, or (b) to any prescribed person. (4) The Secretary of State may provide any individual child information— (a) to any information collator, (b) to any prescribed person, or (c) to any person falling within a prescribed category. (5) Any information collator— (a) may provide any individual child information— (i) to the Secretary of State, (ii) to any other information collator, or (iii) to the person who provides the funded education for the child or children to whom the information relates, and (b) may, at such times as the Secretary of State may determine, provide such individual child information as may be prescribed— (i) to any prescribed person, or (ii) to any person falling within a prescribed category. (6) Any person holding any individual child information (other than the Secretary of State or an information collator) may provide that information to— (a) the Secretary of State, (b) any information collator, or (c) any prescribed person. (7) No information received under or by virtue of this section shall be published in any form which includes the name of the child or children to whom it relates. (8) Regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Secretary of State is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement imposed by or by virtue of any such provision and relating to the provision of information to the Secretary of State. (9) In this section— “child” means a person under the age of 19; “funded education” means education provided under arrangements made by a local authority in pursuance of the duties imposed by section 19(1) and (4) or section 19A(1) and (4) (duty to make special arrangements for provision of education for children of compulsory school age and young persons who may otherwise not receive suitable education), other than such education provided at a school; “individual child information” means information relating to and identifying individual children for whom funded education is being or has been provided, whether obtained under subsection (1) or otherwise; “information collator” means any body which, for the purposes of or in connection with the functions of the Secretary of State relating to funded education, is responsible for collating or checking information relating to children for whom such education is provided.

Propose a change

537C Disclosure of information by or to principal regulators of exempt charities

(1) Nothing in any provision made by or under section 537, 537A or 537B requires or authorises the provision of information— (a) by the principal regulator of an exempt charity (within the meaning of section 25 of the Charities Act 2011), if the information was received by that principal regulator in its capacity as such; or (b) to the principal regulator of an exempt charity in its capacity as such. (2) Nothing in subsection (1) prevents the disclosure of information under section 56 or 57 of the Charities Act 2011.

Propose a change

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

The governing body or temporary governing body of a community, foundation or voluntary school or a community or foundation special school shall make such reports and returns, and give such information, to the Secretary of State as he may require for the purpose of the exercise of his functions in relation to education.

Propose a change

538A Power to direct participation in international surveys

The Secretary of State may direct the governing body of a community, foundation or voluntary school in England to secure that the school participates in such international education surveys as may be specified in the direction.

Propose a change

539 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

540 Distribution of information about schools providing secondary education.

(1) Where the governing body of any school providing primary education receive a request which— (a) is made by the governing body of any school providing secondary education, and (b) relates to the distribution of information about the school providing secondary education to parents of pupils at the school providing primary education without charge to those parents, the governing body of that school shall secure that the request is treated no less favourably (whether as to services provided or as to the terms on which they are provided) than any such request made by the governing body of any other school providing secondary education. (2) In this section “school” means— (a) any community, foundation or voluntary school, or (b) any community or foundation special school (which is not established in a hospital).

Propose a change

541 Distribution of information about further education institutions.

(1) The Secretary of State may by regulations require— (a) the governing body of any school providing secondary education, and (b) the proprietor of any city technology college , city college for the technology of the arts or Academy, to provide such persons as may be prescribed with such categories of information falling within subsection (2) as may be prescribed. (2) Information falls within this subsection if it is— (a) published under section 50 of the Further and Higher Education Act 1992 (information with respect to institutions within the further education sector), and (b) made available to governing bodies and proprietors for distribution. (3) Information provided under subsection (1) shall be provided in such form and manner as may be prescribed. (4) In this section “school” means— (a) any community, foundation or voluntary school, or (b) any community or foundation special school (which is not established in a hospital).

Propose a change

542 Prescribed standards for school premises.

(1) Regulations shall prescribe the standards to which the premises of schools maintained by local authorities . . . are to conform; and without prejudice to the generality of section 569(4) different standards may be prescribed for such descriptions of schools as are specified in the regulations. (2) Where a school is maintained by a local authority , the authority shall secure that the school premises conform to the prescribed standards. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) subsection (2) has effect subject to section 543.

Propose a change

543 Relaxation of prescribed standards in special cases.

(1) Where subsection (2), (3) , (4) or (4A) applies in relation to a school, the Secretary of State may direct that, despite the fact that the prescribed requirement referred to in that subsection is not satisfied, the school premises shall be taken, as respects the matters specified in the direction, to conform to the standards prescribed under section 542 so long as— (a) the direction remains in force, and (b) any conditions specified in the direction as respects those matters are observed. (2) This subsection applies if the Secretary of State is satisfied, having regard— (a) to the nature of the school’s existing site, (b) to any existing buildings on the site, or (c) to other special circumstances affecting the school premises, that it would be unreasonable to require conformity with any prescribed requirement as to any matter. (3) This subsection applies if— (a) the school is to have an additional or new site, and (b) the Secretary of State is satisfied, having regard to the shortage of suitable sites, that it would be unreasonable to require conformity with any prescribed requirement relating to sites. (4) This subsection applies if— (a) the school is to have additional buildings, or is to be transferred to a new site, (b) existing buildings not previously part of the school premises, or temporary buildings, are to be used for that purpose, and (c) the Secretary of State is satisfied, having regard to the need to control public expenditure in the interests of the national economy, that it would be unreasonable to require conformity with any prescribed requirement relating to buildings. (4A) This subsection applies, in relation to any playing fields used by the school for the purposes of the school, if the Secretary of State is satisfied that, having regard to other facilities for physical education available to the school, it would be unreasonable to require conformity with any prescribed requirement relating to playing fields. In this subsection “playing fields” has the same meaning as in section 77 of the School Standards and Framework Act 1998 (control of disposals or changing use of school playing fields). (5) In this section “prescribed requirement” means a requirement of regulations under section 542.

Propose a change

544 Approval etc. of school premises and boarding hostels.

(1) Regulations may make provision requiring the Secretary of State’s approval . . . to be obtained for the provision of new premises for, or the alteration of the premises of— (a) any school to which this section applies, or (b) any boarding hostel provided by a local authority for persons receiving education at any such school. (2) Regulations may make provision for the inspection of any such hostel. (3) The schools to which this section applies are— (a) any school maintained by a local authority, and (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) any special school not maintained by a local authority.

Propose a change

545 Exemption from building byelaws of approved buildings.

(1) Where plans for, or particulars in respect of, a building required for the purposes of any school or other educational institution are approved by the Secretary of State, he may by order direct that any provision of a local Act or of a byelaw made under such an Act— (a) shall not apply in relation to the building, or (b) shall apply in relation to it with such modifications as may be specified in the order. (2) The reference in subsection (1) to plans or particulars approved by the Secretary of State includes a reference to— (a) particulars submitted to and approved by him under regulations under section 544 ..., . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Propose a change

546 Control of potentially harmful materials and apparatus in schools.

(1) Regulations may make provision for requiring the Secretary of State’s approval to be obtained for the use in schools to which this section applies of such materials or apparatus as may be specified in the regulations, being materials or apparatus which could or might involve a serious risk to health. (2) The schools to which this section applies are— (a) any school maintained by a local authority, and (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) any special school not maintained by a local authority.

Propose a change

547 Nuisance or disturbance on school premises.

(1) Any person who without lawful authority is present on premises to which this section applies and causes or permits nuisance or disturbance to the annoyance of persons who lawfully use those premises (whether or not any such persons are present at the time) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale. (2) This section applies to premises, including playgrounds, playing fields and other premises for outdoor recreation, of— (a) any school maintained by a local authority, . . . (aa) any special school not so maintained, ... (ab) any independent school, and (ac) any alternative provision Academy that is not an independent school (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2A) This section also applies to any premises which are— (a) provided by a local authority under section 507A or 507B (if the authority are in England) or section 508 (if the authority are in Wales), and (b) used wholly or mainly in connection with the provision of instruction or leadership in sporting, recreational or outdoor activities. (3) If— (a) a police constable, or (b) (subject to subsection (5)) a person whom the appropriate authority has authorised to exercise the power conferred by this subsection, has reasonable cause to suspect that any person is committing or has committed an offence under this section, he may remove him from the premises in question. (4) In subsection (3) “the appropriate authority” means— (a) in relation to premises of a foundation, voluntary aided or foundation special school, a local authority or the governing body, (b) in relation to— (i) premises of any other school maintained by a local authority, and (ii) premises provided by a local authority as mentioned in subsection (2A), a local authority, and (c) in relation to premises of a special school which is not so maintained or of an independent school or an alternative provision Academy that is not an independent school, the proprietor of the school. (5) A local authority may not authorise a person to exercise the power conferred by subsection (3) in relation to premises of a foundation, voluntary or foundation special school without first obtaining the consent of the governing body. (6) No proceedings for an offence under this section shall be brought by any person other than— (a) a police constable, or (b) an authorised person. (7) In subsection (6) “authorised person” means— (a) in relation to an offence committed on premises of a foundation, voluntary aided or foundation special school, a local authority or a person whom the governing body have authorised to bring such proceedings, (b) in relation to an offence committed— (i) on premises of any other school maintained by a local authority, or (ii) on premises provided by a local authority as mentioned in subsection (2A), a local authority, and (c) in relation to an offence committed on premises of a special school which is not so maintained or of an independent school, or an alternative provision Academy that is not an independent school, a person whom the proprietor of the school has authorised to bring such proceedings. (8) A local authority may not bring proceedings for an offence under this section committed on premises of a foundation, voluntary or foundation special school without first obtaining the consent of the governing body.

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548 No right to give corporal punishment.

(1) Corporal punishment given by, or on the authority of, a member of staff to a child— (a) for whom education is provided at any school, or (b) for whom education is provided, otherwise than at school, under any arrangements made by a local authority, or (c) for whom specified early years education is provided otherwise than at school, cannot be justified in any proceedings on the ground that it was given in pursuance of a right exercisable by the member of staff by virtue of his position as such. (2) Subsection (1) applies to corporal punishment so given to a child at any time, whether at the school or other place at which education is provided for the child, or elsewhere. (3) The following provisions have effect for the purposes of this section. (4) Any reference to giving corporal punishment to a child is to doing anything for the purpose of punishing that child (whether or not there are other reasons for doing it) which, apart from any justification, would constitute battery. (5) However, corporal punishment shall not be taken to be given to a child by virtue of anything done for reasons that include averting— (a) an immediate danger of personal injury to, or (b) an immediate danger to the property of, any person (including the child himself). (6) “Member of staff”, in relation to the child concerned, means— (a) any person who works as a teacher at the school or other place at which education is provided for the child, or (b) any other person who (whether in connection with the provision of education for the child or otherwise)— (i) works at that school or place, or (ii) otherwise provides his services there (whether or not for payment), and has lawful control or charge of the child. (7) “Child” (except in subsection (8)) means a person under the age of 18. (8) “Specified early years education” means— (a) in relation to England, early years provision as defined by section 20 of the Childcare Act 2006 which is (i) provided under arrangements made by a local authority in England in pursuance of the duty imposed by section 7 of that Act (whether or not the local authority provides the early years provision); or (ii) provided under arrangements made by a local authority in pursuance of any duty imposed under section 2 of the Childcare Act 2016 (whether or not the local authority provides the early years provision), (b) in relation to Wales, full-time or part-time education suitable for children who have not attained compulsory school age which is provided— (i) by a local authority in Wales, or (ii) by any other person who is in receipt of financial assistance given by such an authority under arrangements made by them in pursuance of the duty imposed by section 118 of the School Standards and Framework Act 1998.

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550A Power of members of staff to restrain pupils.

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550ZA Power of members of staff to search pupils for prohibited items: England

(1) This section applies where a member of staff of a school in England— (a) has reasonable grounds for suspecting that a pupil at the school may have a prohibited item with him or her or in his or her possessions; and (b) falls within section 550ZB(1). (2) The member of staff may search the pupil (“P”) or P's possessions for that item. (3) For the purposes of this section and section 550ZC each of the following is a “prohibited item”— (a) an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc); (b) an offensive weapon, within the meaning of the Prevention of Crime Act 1953; (c) alcohol, within the meaning of section 191 of the Licensing Act 2003; (d) a controlled drug, within the meaning of section 2 of the Misuse of Drugs Act 1971, which section 5(1) of that Act makes it unlawful for P to have in P's possession; (e) a stolen article; (ea) an article that the member of staff reasonably suspects has been, or is likely to be, used— (i) to commit an offence, or (ii) to cause personal injury to, or damage to the property of, any person (including P); (f) an article of a kind specified in regulations. (g) any other item which the school rules identify as an item for which a search may be made. (4) In subsection (3)(e) “stolen”, in relation to an article, has the same meaning as it has by virtue of section 24 of the Theft Act 1968 in the provisions of that Act relating to goods which have been stolen. (4A) In subsection (3)(ea)(i), “offence” includes anything that would be an offence but for the operation of any presumption that a person under a particular age is incapable of committing an offence. (4B) In subsection (3)(g), the “school rules” means— (a) in the case of a maintained school or a non-maintained special school, rules in force at the school that are made under measures determined and publicised by the head teacher under section 89 of the Education and Inspections Act 2006; (b) in the case of any other school, measures relating to discipline in the school that are determined and publicised in accordance with regulations. (4C) In subsection (4B)(a)— “maintained school” means— a community, foundation or voluntary school, a community or foundation special school, a maintained nursery school, or a pupil referral unit; “non-maintained special school” means a school that is approved under section 342. (5) In this section and section 550ZB— “member of staff”, in relation to a school, means— any teacher who works at the school; and any other person who, with the authority of the head teacher, has lawful control or charge of pupils for whom education is being provided at the school; “possessions”, in relation to P, includes any goods over which P has or appears to have control. (6) The powers conferred by this section and sections 550ZB and 550ZC are in addition to any powers exercisable by the member of staff in question apart from those sections and are not to be construed as restricting such powers.

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550ZB Power of search under section 550ZA: supplementary

(1) A person may carry out a search under section 550ZA only if that person— (a) is the head teacher of the school; or (b) has been authorised by the head teacher to carry out the search. (2) An authorisation for the purposes of subsection (1)(b) may be given in relation to— (a) searches under section 550ZA generally; (b) a particular search under that section; (c) a particular description of searches under that section. (3) Nothing in any enactment, instrument or agreement shall be construed as authorising a head teacher of a school in England to require a person other than a member of the security staff of the school to carry out a search under section 550ZA. (4) A search under section 550ZA may be carried out only where— (a) the member of staff and P are on the premises of the school; or (b) they are elsewhere and the member of staff has lawful control or charge of P. (5) A person exercising the power in section 550ZA to search for an item within section 550ZA(3)(a) to (f) may use such force as is reasonable in the circumstances for exercising that power. (6) A person carrying out a search of P under section 550ZA— (a) may not require P to remove any clothing other than outer clothing; (b) must be of the same sex as P, unless the condition in subsection (6A) is satisfied; (c) may carry out the search only in the presence of another member of staff, unless the condition in subsection (6A) is satisfied; and (d) must ensure that the other member of staff is of the same sex as P if it is reasonably practicable to do so. (6A) The condition is satisfied if— (a) the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency, and (b) in the time available it is not reasonably practicable for the search to be carried out by a person of the same sex as P or in the presence of another member of staff (as the case may be). (7) P's possessions may not be searched under section 550ZA except in the presence of— (a) P; and (b) another member of staff, unless the condition in subsection (7A) is satisfied. (7A) The condition is satisfied if— (a) the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency, and (b) in the time available it is not reasonably practicable for the search to be carried out in the presence of another member of staff. (8) In this section— “member of the security staff”, in relation to a school, means a member of staff whose work at the school consists wholly or mainly of security-related activities; “outer clothing” means— any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; or a hat, shoes, boots, gloves or a scarf.

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550ZC Power to seize items found during search under section 550ZA

(1) A person carrying out a search under section 550ZA may seize any of the following found in the course of the search— (a) anything which that person has reasonable grounds for suspecting is a prohibited item; (b) any other thing which that person has reasonable grounds for suspecting is evidence in relation to an offence. (2) A person exercising the power in subsection (1) to seize an item within section 550ZA(3)(a) to (f) or anything within subsection (1)(b) may use such force as is reasonable in the circumstances for exercising that power. (3) A person who seizes alcohol under subsection (1) may retain or dispose of the alcohol and its container. (4) A person who seizes a controlled drug under subsection (1)— (a) must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but (b) may dispose of it if the person thinks that there is a good reason to do so. (5) A person who seizes a stolen article under subsection (1)— (a) must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but (b) may return it to its owner (or, if returning it to its owner is not practicable, may retain it or dispose of it) if the person thinks that there is a good reason to do so. (6) In determining, for the purposes of subsections (4) and (5), whether there is a good reason to dispose of a controlled drug or to return a stolen article to its owner, retain it or dispose of it, the person must have regard to any guidance issued by the Secretary of State. (6A) A person who seizes an item that is a prohibited item by virtue of section 550ZA(3)(ea) (article used in commission of offence or to cause personal injury or damage to property) under subsection (1) must— (a) deliver the item to a police constable as soon as reasonably practicable, (b) return the item to its owner, (c) retain the item, or (d) dispose of the item. (6B) A person who seizes an item that is a prohibited item by virtue of section 550ZA(3)(g) (item for which search may be made under school rules) under subsection (1) must return it to its owner, retain it or dispose of it. (6C) In deciding what to do with an item under subsection (6A) or (6B), the person who seized it must have regard to guidance issued for the purpose of this section by the Secretary of State. (6D) Subsections (6E) and (6F) apply to an item that— (a) has been seized under subsection (1), (b) is a prohibited item by virtue of section 550ZA(3)(ea) or (g), and (c) is an electronic device. (6E) The person who seized the item may examine any data or files on the device, if the person thinks there is a good reason to do so. (6F) Following an examination under subsection (6E), if the person has decided to return the item to its owner, retain it or dispose of it, the person may erase any data or files from the device if the person thinks there is a good reason to do so. (6G) In determining whether there is a good reason for the purposes of subsection (6E) or (6F), the person must have regard to any guidance issued for the purposes of this section by the Secretary of State. (7) Regulations may prescribe what must or may be done by a person who, under subsection (1), seizes an article of a kind specified in regulations under section 550ZA(3)(f) (or an article which the person has reasonable grounds for suspecting to be such an article). (8) A person who, under subsection (1), seizes— (a) an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc); (b) an offensive weapon; or (c) anything which that person has reasonable grounds for suspecting is evidence in relation to an offence; must deliver it to a police constable as soon as reasonably practicable. (9) Subsection (8)(c) is subject to subsections (3), (4), (5) and (6A) and regulations made under subsection (7). (10) In subsections (3) to (8), references to alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies and an offensive weapon include references to anything which the person has reasonable grounds for suspecting is alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies or an offensive weapon.

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550ZD Section 550ZC: supplementary

(1) The Police (Property) Act 1897 (disposal of property in the possession of the police) applies to property which has come into the possession of a police constable under section 550ZC(4)(a), (5)(a), (6A)(a) or (8) as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act. (2) Subsection (3) applies where a person— (a) seizes, retains or disposes of an item within subsection (2A) under section 550ZC; and (b) proves that the seizure, retention or disposal was lawful. (2A) The items referred to in subsection (2)(a) are— (a) alcohol or its container; (b) a controlled drug; (c) a stolen article; (d) an item that is a prohibited item by virtue of section 550ZA(3)(ea) or (g). (2B) Subsection (3) also applies where a person— (a) erases data or a file from an electronic device under section 550ZC(6F); and (b) proves that the erasure was lawful. (3) That person is not liable in any proceedings in respect of— (a) the seizure, retention, disposal or erasure; or (b) any damage or loss which arises in consequence of it. (4) Subsections (2), (2B) and (3) do not prevent any person from relying on any defence on which the person is entitled to rely apart from those subsections. (5) Regulations under section 550ZC(7) may make provision corresponding to any provision of this section.

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550AA Power of members of staff to search pupils for weapons : Wales

(1) A member of the staff of a school in Wales who has reasonable grounds for suspecting that a pupil at the school may have with him or in his possessions— (a) an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc.), or (b) an offensive weapon (within the meaning of the Prevention of Crime Act 1953), may search that pupil or his possessions for such articles and weapons. (2) A search under this section may be carried out only where— (a) the member of the staff and the pupil are on the premises of the school; or (b) they are elsewhere and the member of the staff has lawful control or charge of the pupil. (3) A person may carry out a search under this section only if— (a) he is the head teacher of the school; or (b) he has been authorised by the head teacher to carry out the search. (4) Nothing in any enactment, instrument or agreement shall be construed as authorising a head teacher of a school in Wales to require a person other than a member of the security staff of the school to carry out a search under this section. (5) A person who carries out a search of a pupil under this section— (a) may not require the pupil to remove any clothing other than outer clothing; (b) must be of the same sex as the pupil; and (c) may carry out the search only in the presence of another member of the staff who is also of the same sex as the pupil. (6) A pupil's possessions may not be searched under this section except in his presence and in the presence of another member of the staff. (7) If, in the course of a search under this section, the person carrying out the search finds— (a) anything which he has reasonable grounds for suspecting falls within subsection (1)(a) or (b), or (b) any other thing which he has reasonable grounds for suspecting is evidence in relation to an offence, he may seize and retain it. (8) A person who exercises a power under this section may use such force as is reasonable in the circumstances for exercising that power. (9) A person who seizes anything under subsection (7) must deliver it to a police constable as soon as reasonably practicable. (10) The Police (Property) Act 1897 (disposal of property in the possession of the police) shall apply to property which has come into the possession of a police constable under this section as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act. (11) An authorisation for the purposes of subsection (3)(b) may be given either in relation to a particular search or generally in relation to searches under this section or to a particular description of such searches. (12) In this section— “member of the staff”, in relation to a school, means— any teacher who works at the school; and any other person who, with the authority of the head teacher, has lawful control or charge of pupils for whom education is being provided at the school; “member of the security staff” means a member of the staff whose work at the school consists wholly or mainly of security-related activities; “outer clothing” means— any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; or a hat, shoes, boots, gloves or a scarf; “possessions”, in relation to a pupil of a school, includes any goods over which he has or appears to have control. (13) The powers conferred by this section are in addition to any powers exercisable by the member of the staff in question apart from this section and are not to be construed as restricting such powers.

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550B Detention outside school hours lawful despite absence of parental consent.

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550C Guidance on use of mobile phones etc in schools in England

(1) The appropriate person for a school in England must have regard to guidance described in subsection (2) in exercising functions in relation to the conduct of the school. (2) The guidance referred to in subsection (1) is guidance issued from time to time by the Secretary of State about registered pupils at schools having mobile phones and other personal interactive communication devices with them, and using them— (a) during school hours, and (b) on school premises. (3) Subsections (4) to (6) apply for the purposes of this section. (4) “Appropriate person” means— (a) for the following kinds of school, the head teacher— (i) a community, foundation or voluntary school; (ii) a community or foundation special school; (iii) a maintained nursery school; (iv) a pupil referral unit; (v) a school approved by the Secretary of State under section 342 (approval of non-maintained special schools); (b) for any other kind of school, the proprietor. (5) “School hours”, in relation to a school, means any time between the start of the first school session on a school day and the end of the last school session on the same day. (6) References to mobile phones and other personal interactive communication devices do not include references to devices provided by or on behalf of the appropriate person for a school for use by registered pupils.

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551 Regulations as to duration of school day etc.

(1) Regulations may make provision with respect to the duration of the school day and school year at, and the granting of leave of absence from, any schools to which this section applies. (1A) In subsection (1) the reference to the duration of the school year at any such schools is a reference to the number of school sessions that must be held during any such year. (2) The schools to which this section applies are— (a) any school maintained by a local authority ; and (b) . . . (c) any special school not maintained by a local authority.

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551ZA School uniforms: limits on branded items

(1) The appropriate authority of a relevant school in England— (a) may not require a primary pupil at the school to have more than three different branded items of school uniform for use during a school year; (b) may not require a secondary pupil at the school to have more than three different branded items of school uniform for use during a school year (or more than four different branded items of school uniform if one of those items is a tie). (2) Where the relevant school is a middle school, the limits mentioned in subsection (1)(b) apply in relation to all pupils at that school. (3) For the purposes of subsection (1), a pupil is required to have a branded item of school uniform for use during a school year if the pupil is required to have it— (a) for general use at school (or for travelling to or from school) during that year, or (b) to participate in any lesson, club, activity or event facilitated by the school during that year. (4) “School uniform” means a bag and any clothing required for school or for any lesson, club, activity or event facilitated by the school. (5) An item of school uniform is “branded” if— (a) it has the school name or school logo (or for an Academy, the school or proprietor’s name or logo) on or attached to it, or (b) as a result of its colour, design, fabric or other distinctive characteristic, it is only available from particular suppliers. (6) In this section— “the appropriate authority” means— in relation to an Academy school, an alternative provision Academy, a non-maintained special school, a city technology college or a city college for the technology of the arts, the proprietor; in relation to a maintained school, the governing body; in relation to a pupil referral unit, the local authority; “relevant school” means— an Academy school, an alternative provision Academy, a maintained school, a non-maintained special school, a pupil referral unit, or a city technology college or a city college for the technology of the arts, other than where established in a hospital; “primary pupil” means a pupil receiving primary education (or receiving education that would be primary education if it were full-time education); “secondary pupil” means a pupil receiving secondary education (or receiving education that would be secondary education if it were full-time education); “maintained school” means— a community, foundation or voluntary school, or a community or foundation special school; “non-maintained special school” has the meaning given by section 337A.

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551A Guidance about the costs of school uniforms: England

(1) The Secretary of State must issue guidance to the appropriate authorities of relevant schools in England about the costs aspects of school uniform policies. (2) In this section “costs aspects of school uniform policies” means any aspects of school uniform policies that the Secretary of State considers relevant to the costs of school uniforms. (3) The appropriate authority of a relevant school must have regard to guidance issued under this section when developing and implementing a school uniform policy for the school. (4) The Secretary of State may from time to time revise guidance issued under this section. (5) In this section “the appropriate authority” and “relevant school” have the same meanings as in section 551ZA.

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551B Free breakfast club provision in primary schools in England

(1) The appropriate authority of a relevant school in England must secure that breakfast club provision is available, free of charge, for all qualifying primary pupils at the school. (2) “Breakfast club provision” means— (a) the provision of childcare for a period of at least 30 minutes ending immediately before the start of the first school session on each school day, and (b) the provision of breakfast before the start of the first school session on each school day. (3) The references in subsection (2) to the provision of childcare and breakfast are to their provision on the school premises or on suitable premises in the vicinity of the school premises. (4) The duty under subsection (1) does not apply in relation to a relevant school on any school day in which— (a) there is only one school session, and (b) that session begins in the afternoon. (5) Food and drink provided pursuant to subsection (2)(b) may, subject to the applicable food standards duty, take such form as the appropriate authority thinks fit. (6) In this section and sections 551C and 551D— “the appropriate authority” means— in relation to an Academy school, an alternative provision Academy or a non-maintained special school, the proprietor; in relation to a maintained school, the governing body; in relation to a pupil referral unit, the local authority which maintains the unit; “qualifying primary pupil”, in relation to a relevant school, means a junior pupil who is a registered pupil at the school and— is of compulsory school age, or is not of compulsory school age but is in reception at the school; “relevant school” means— an Academy school, an alternative provision Academy, a maintained school, a non-maintained special school, or a pupil referral unit, other than where established in a hospital. (7) In this section— “the applicable food standards duty” means— the duty imposed by section 114A(4) of SSFA 1998 (including as applied in relation to a non-maintained special school by regulations under section 342(4)(a) of this Act), or in relation to an Academy school or an alternative provision Academy, a duty contained in Academy arrangements relating to the school that is equivalent to the duty imposed by section 114A(4) of SSFA 1998 (see section 512C of this Act); “childcare” has the meaning given by section 18 of the Childcare Act 2006; “maintained school” means— a community, foundation or voluntary school, or a community or foundation special school; “non-maintained special school” has the meaning given by section 337A; “reception” means a year group in which the majority of children will, in the school year, attain the age of 5; “SSFA 1998” means the School Standards and Framework Act 1998.

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552

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553 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, the scheme shall have effect as if no such approval or order was required. (2) The Secretary of State may, on the application of any person whose approval or order would apart from this section be required under such a scheme, direct that the requirement shall continue to have effect despite subsection (1); but no liability shall be taken 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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554 Power to make new provision as to use of endowments.

(1) This section applies where— (a) in relation to any time before the appointed day, the premises of a voluntary or grant-maintained school (within the meaning of this Act) have ceased to be used for such a voluntary or (as the case may be) grant-maintained school; or (b) in relation to any time on or after the appointed day— (i) the premises of a foundation or voluntary school (within the meaning of the School Standards and Framework Act 1998) have ceased to be used for such a foundation or (as the case may be) voluntary school; or (ii) in the opinion of the Secretary of State it is likely such premises will cease to be so used; and in this subsection “the appointed day” has the meaning given by section 20(7) of the School Standards and Framework Act 1998. (2) In such a case the Secretary of State may (subject to sections 555 and 556(1) and (2)) by order 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 religion or 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 (4)) the requirements of subsection (3) are fulfilled. (3) The requirements of this subsection are— (a) that the school was or has been maintained as a voluntary or grant-maintained school (within the meaning of this Act) or as a foundation or voluntary school (within the meaning of the School Standards and Framework Act 1998) since 1st April 1945 (the date when Part II of the Education Act 1944 came into force); and (b) that religious education , or teaching and learning in Religion, Values and Ethics, in accordance with the tenets of the religion or denomination concerned— (i) is, and has been from that date, 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 377 or 378 or section 380 or 381 of this Act (or any corresponding earlier enactment) or paragraph 3 or 4 of Schedule 19 to the School Standards and Framework Act 1998 , or in accordance with the Curriculum and Assessment (Wales) Act 2021. (4) For the purposes of this section— (a) where in the case of any school falling within subsection (3)(a) it is shown— (i) that religious education , or teaching and learning in Religion, Values and Ethics, in accordance with the tenets of a particular religion or denomination is provided at the school, or (ii) if the premises have ceased to be used for the purposes of the school, such religious education or teaching and learning in Religion, Values and Ethics was so provided immediately before the premises ceased to be so used, such religious education or teaching and learning in Religion, Values and Ethics shall be taken to have been provided at the school from 1st April 1945, unless the contrary is shown; and (b) where religious education or teaching and learning in Religion, Values and Ethics in accordance with such tenets is shown to have been given to any pupils at— (i) a controlled school (within the meaning of this Act), (ii) a grant-maintained school (within the meaning of this Act) which was a controlled school immediately before it became a grant-maintained school, or (iii) a foundation or voluntary controlled school with a religious character (within the meaning of Part II of the School Standards and Framework Act 1998), the religious education or teaching and learning in Religion, Values and Ethics shall be taken to have been given to them at the request of their parents, unless the contrary is shown. (5) 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. (6) This section applies where the premises of a non-provided public elementary school ceased before 1st April 1945 to be used for such a school as it applies where the premises of a voluntary school have ceased to be used for such a school. (6A) In this section, and sections 556 and 557, “Religion, Values and Ethics” has the same meaning as in the Curriculum and Assessment (Wales) Act 2021.

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555 Procedure applicable to orders under section 554.

(1) No order shall be made under section 554 except on the application of the persons appearing to the Secretary of State to be the appropriate authority of the religion or denomination concerned. (2) The Secretary of State shall, not less than one month before making an order under section 554, give notice of the proposed order and of the right of persons interested to make representations on it. (3) Such notice shall be given— (a) by giving to any persons appearing to the Secretary of State to be trustees of an endowment affected by the proposed order a notice of the proposal to make it, together with a draft or summary of the provisions proposed to be included; and (b) by publishing, in such manner as the Secretary of State thinks sufficient for informing any other persons interested, a notice of the proposal to make the order and of the place where any person interested may (during a period of not less than a month) inspect such a draft or summary, and by keeping a draft or summary available for inspection in accordance with the notice. (4) The Secretary of State shall take into account any representations made to him by any person interested before the order is made. (5) In this section “endowment” has the same meaning as in section 554.

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556 Content of orders under section 554.

(1) An order under section 554— (a) may require or authorise the disposal by sale or otherwise of any land or other property forming part of an endowment affected by the order, including the premises of the school and any teacher’s dwelling-house; and (b) may consolidate any endowments to be dealt with by the scheme. (2) Subject to subsection (1), and to any provision affecting the endowments which is a provision of a public general Act of Parliament, an order under section 554 shall establish and give effect, with a view to enabling the religion or denomination concerned to participate more effectively in the administration of the statutory system of public education, to a scheme or schemes for the endowments dealt with by the order to be used for appropriate educational purposes either— (a) in connection with schools which are foundation schools or voluntary 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 school at the premises referred to in section 554(1).. (3) In subsection (2) “use for appropriate educational purposes” means use for educational purposes in connection with the provision of religious education or teaching and learning in Religion, Values and Ethics in accordance with the tenets of the religion or denomination concerned (including in particular, but without prejudice to the generality of the foregoing, use for any purpose specified in Schedule 36). (4) A scheme given effect under section 554— (a) may provide for the retention of the capital of any endowment and application of the accruing income; or (b) may authorise the application or expenditure of capital to such extent and subject to such conditions as may be determined by or in accordance with the scheme; and any such scheme may provide for the endowments dealt with by the scheme or any part of them to be added to any existing endowment applicable for any such purpose as is authorised for the scheme by subsection (2). (5) Where a scheme given effect under section 554 provides for the endowments dealt with by the order or any part of them to be used for the purposes specified in Schedule 36, any such scheme may provide for the endowments thereby dealt with or any part of them to be added to any existing endowment applicable for those purposes (whether it is so applicable by virtue of a scheme given effect to under that section or otherwise). (6) Section 568(5) does not apply to an order under section 554, but such an order may include such incidental or supplementary provisions as appear to the Secretary of State to be necessary or expedient either for the bringing into force or for the operation of any scheme established by it, including in particular provisions— (a) for the appointment and powers of trustees of the property comprised in the scheme or, if the property is not all applicable for the same purposes, of any part of that property; and (b) for the property or any part of it to vest by virtue of the scheme in the first trustees under the scheme or trustees of any endowment to which it is to be added or, if not so vested, to be transferred to them. (7) Any order under section 554 shall have effect despite any Act of Parliament (other than a public general Act), letters patent or other instrument relating to, or trust affecting, the endowments dealt with by the order. (8) In this section “endowment” has the same meaning as in section 554.

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557 Adoption of statutory trusts.

(1) This section applies to endowments which are— (a) regulated by a qualifying scheme under the Endowed Schools Acts 1869 to 1948 as applied by section 86(1) of the Education Act 1944 or by an order under section 554 of this Act or section 2 of the Education Act 1973; and (b) held under any such scheme or order on trusts which provide for capital or income or both to be applicable for or in connection with— (i) the provision of religious education or teaching and learning in Religion, Values and Ethics at relevant schools, or relevant schools of any description (but not only at a particular school or schools) in a diocese or other geographical area; or (ii) the provision of premises for relevant schools, or relevant schools of any description (but not only at a particular school or schools) at which religious education or teaching and learning in Religion, Values and Ethics is or is to be provided in a diocese or other geographical area; but this section does not apply to an endowment if or in so far as it constitutes a religious education fund. (2) The trustees of any endowments to which this section applies may, by resolution complying with subsection (6), adopt the uniform statutory trusts as the trusts on which those endowments are to be held. (3) The uniform statutory trusts are those set out in Schedule 36. (4) On the adoption by trustees of the uniform statutory trusts in respect of any endowments the scheme or order which regulates the endowments shall have effect as if the uniform statutory trusts are incorporated in the scheme or order to the exclusion of the corresponding provisions of the scheme or order. (5) The trustees of two or more endowments which are held on the uniform statutory trusts may, by resolution complying with subsection (6), consolidate all or any of those endowments and, where they do so, the endowments shall be treated, for all purposes, as held for the purposes of a single charity. (6) For a resolution to comply with this subsection— (a) it must be passed by a simple majority of the trustees or, if the trustees are a body corporate or a company, by a simple majority of the members of the body corporate or an ordinary resolution of the company; and (b) it must be recorded in the records of the decisions of the trustees affecting the endowments of the trust. (7) Where trustees pass a resolution under subsection (2), it shall be their duty to send a copy of the resolution to the Secretary of State. (8) The uniform statutory trusts applicable to endowments to which this section applies shall not affect— (a) the rights of any person under the third proviso to section 2 of the School Sites Act 1841, under section 86(3) of the Education Act 1944 or under section 1 of the Reverter of Sites Act 1987 (rights replacing certain reversionary interests in land), or (b) the rights of any local authority which have arisen under paragraph 7 or 8 of the First Schedule to the Education Act 1946 (rights in relation to school sites provided by such authorities) or which may arise under section 60(4) or 62(2), except in so far as any right falling within paragraph (a) above is or has been extinguished by an order under section 554 of this Act or section 2 of the Education Act 1973 made by virtue of section 5 of the Reverter of Sites Act 1987. (9) In this section— “company” means a company as defined in section 1(1) of the Companies Act 2006; ... “endowment” has the same meaning as in section 554; “provision”, in relation to premises, means provision by the purchase of a site, the erection of premises or the maintenance, improvement or enlargement of premises; “qualifying scheme” means a scheme in force on 1st January 1994 (the date when section 287 of the Education Act 1993 came into force); “relevant school” means a foundation or voluntary school; “religious education” means religious education in accordance with the tenets of a particular religion or religious denomination; and “religious education fund” includes a Sunday school fund. (10) In Schedule 36 as incorporated in any scheme or order— “the area” means the diocese or other geographical area within which the trust assets may be applied under the scheme or order, as the case may be; “relevant school” means a relevant school , Academy school, alternative provision Academy, city technology college or city college for the technology of the arts, at which the religious education provided for in the scheme or order, as the case may be, is or is to be provided; and “the relevant trust assets” means the endowments in respect of which the trustees have adopted the uniform statutory trusts, including the income derived therefrom.

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558 Meaning of “child” for purposes of enactments relating to employment of children or young persons.

For the purposes of any enactment relating to the prohibition or regulation of the employment of children or young persons, any person who is not over compulsory school age shall be deemed to be a child within the meaning of that enactment.

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