559 Power of local authorities to prohibit or restrict employment of children.
(1) If it appears to a local authority that a child who is a registered pupil at a community, foundation, voluntary or special school is being employed in such a manner as to be prejudicial to his health, or otherwise to render him unfit to obtain the full benefit of the education provided for him, the authority may serve a notice in writing on the employer—
(a) prohibiting him from employing the child, or
(b) imposing such restrictions upon his employment of the child as appear to them to be expedient in the interests of the child.
(2) A local authority may serve a notice in writing on the parent or employer of a child who is a registered pupil at a community, foundation, voluntary or special school requiring the parent or employer to provide the authority, within such period as may be specified in the notice, with such information as appears to the authority to be necessary for the purpose of enabling them to ascertain whether the child is being employed in such a manner as to render him unfit to obtain the full benefit of the education provided for him.
(3) A person who—
(a) employs a child in contravention of any prohibition or restriction imposed under subsection (1), or
(b) fails to comply with the requirements of a notice served under subsection (2),
shall be guilty of an offence.
(4) A person guilty of an offence under this section shall be liable on summary conviction—
(a) to a fine not exceeding level 1 on the standard scale, or
(b) to imprisonment for a term not exceeding one month,
or both.
(5) Section 28(1) and (3) of the Children and Young Persons Act 1933 (powers of entry for the enforcement of the provisions of Part II of that Act as to the employment of children) shall apply with respect to the provisions of any notice served under this section as they apply with respect to the provisions of Part II of that Act.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
560 Work experience in last year of compulsory schooling.
(1) The enactments relating to the prohibition or regulation of the employment of children shall not apply to the employment of a child in his last two years of compulsory schooling if the employment is in pursuance of arrangements made—
(a) by a local authority, or
(b) by the governing body of a school on behalf of such an authority,
with a view to providing him with work experience as a part of his education.
(2) For the purposes of subsection (1) a child shall be taken to be in his last two years of compulsory schooling as from the beginning of the last two school years at his school during the whole or part of which he is of compulsory school age.
(3) Subsection (1) shall not be taken to permit the employment of a person in any way contrary to—
(a) an enactment which in terms applies to persons of less than, or not over, a specified age expressed as a number of years, or
(b) section 1(2) of the Employment of Women, Young Persons and Children Act 1920 or section 55(1) of the Merchant Shipping Act 1995 (which prohibit the employment of children in ships).
(4) No arrangements shall be made under subsection (1) for a child to be employed in any way which would be contrary to an enactment prohibiting or regulating the employment of young persons if he were a young person (within the meaning of the enactment) and not a child.
(5) Where a child is employed in pursuance of arrangements made under subsection (1), so much of any enactment as—
(a) regulates the employment of young persons (whether by excluding them from any description of work, prescribing the conditions under which they may be permitted to do it or in any other way), and
(b) would apply in relation to him if he were of an age to be treated as a young person for the purposes of that enactment,
shall apply in relation to him, in and in respect of the employment arranged for him, in all respects as if he were of an age to be so treated.
(6) Nothing in section 495 or 496 or Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 applies in relation to any power conferred on a local authority . . . by subsection (1).
(7) In this section “enactment” includes any byelaw, regulation or other provision having effect under an enactment.
560A Work experience for persons over compulsory school age: England
(1) A local authority in England may secure the provision of work experience for persons in their area—
(a) who are over compulsory school age but under 19, or
(b) who are aged 19 or over and for whom an EHC plan is maintained.
(2) A local authority in England must—
(a) encourage participation in work experience by persons in their area who are within subsection (1)(a) or (b);
(b) encourage employers to participate in the provision of work experience for such persons.
561 Act not to apply to persons in service of the Crown.
No power or duty conferred or imposed by this Act on—
(a) the Secretary of State,
(b) local authorities, or
(c) parents,
shall be construed as relating to any person who is employed by or under the Crown in any service or capacity with respect to which the Secretary of State certifies that, by reason of the arrangements made for the education of children and young persons so employed, the exercise and performance of those powers and duties with respect to such children and young persons is unnecessary.
562 Act not to apply to certain persons detained under order of a court.
(1) No power or duty conferred or imposed by or under this Act on—
(a) the Secretary of State,
(b) local authorities, or
(c) parents,
shall be construed as relating to any person who is detained in pursuance of an order made by a court or of an order of recall made by the Secretary of State subject to a detention order and is detained in accommodation that is not relevant youth accommodation, but a local authority may make arrangements for a person who is detained in pursuance of such an order such a person to receive the benefit of educational facilities provided by the authority.
(1A) For the purposes of this Act—
(a) a person is subject to a detention order if detained in pursuance of—
(i) an order made by a court, or
(ii) an order of recall made by the Secretary of State, and
(b) relevant youth accommodation is accommodation which—
(i) is youth detention accommodation (within the meaning given by section 248(1) of the Sentencing Code, and
(ii) is not in a young offender institution, or part of such an institution, that is used wholly or mainly for the detention of persons aged 18 and over.
(2) A child or young person who is being educated as a boarder at a school shall not be regarded for the purposes of subsection (1)this section as detained in pursuance of an order made by a court by reason of the fact that he is required to be at the school—
(a) by virtue of an order made by a court under the Children and Young Persons Act 1933 or by virtue of anything done under such an order; or
(b) by virtue of a requirement of a youth rehabilitation order under Chapter 1 of Part 9 of the Sentencing Code or by virtue of anything done under such a requirement.
(3) A child or young person who is being kept in accommodation provided for the purpose of restricting liberty is not to be regarded for the purposes of this section as detained in pursuance of an order made by a court by reason of the fact that a court has authorised the person to be kept in such accommodation under section 25(4) of the Children Act 1989 or section 119(4) of the Social Services and Well-being (Wales) Act 2014 (use of accommodation for restricting liberty) (use of accommodation for restricting liberty).
(1) In its application in relation to detained persons, this Act has effect subject to modifications prescribed by regulations made by the appropriate national authority.
(2) The power conferred by subsection (1) may not be exercised to modify the application of a provision of this Act if—
(a) the provision makes special provision in relation to detained persons, or a description of detained persons,
(b) the application of the provision in relation to detained persons, or a description of detained persons, is excluded by provision made by this Act, or
(c) the provision has effect in relation to detained persons, or a description of detained persons, subject to modifications made by this Act.
(3) References in this Chapter to a detained person are to a child or young person who is—
(a) subject to a detention order, and
(b) detained in relevant youth accommodation;
and, in provisions applying on a person's release, also include references to a person who, immediately before release, was a detained person.
562B Duty to take steps to promote fulfilment of potential
(1) Subsection (2) applies in relation to a detained person who is not a looked after child.
(2) The home authority must—
(a) during the period of detention in relevant youth accommodation, and
(b) on the person's release from detention in relevant youth accommodation,
take such steps as they consider appropriate to promote the person's fulfilment of his or her learning potential.
(3) Those steps must include, where it appears to the home authority appropriate for them to do so, making arrangements for the provision, on the person's release from detention—
(a) of education, or
(b) in the case of a person who is over compulsory school age, of education or training.
(4) Where the host authority make any determination as to the education or training to be provided for a detained person, the authority must have regard to—
(a) any information provided under section 562F by a local authority as to the level of the person's literacy and numeracy skills;
(b) any other information provided by the home authority under section 562F for the purpose of assisting any such determination.
562C Detained persons with statement of special educational needs
(1) This section applies where, immediately before the beginning of the detention, a local authority in Wales were maintaining a statement under section 324 for a detained person.
(2) The authority must keep the statement while the person is detained in relevant youth accommodation.
(3) The host authority must use best endeavours to secure that appropriate special educational provision is made for the detained person while the person is detained in relevant youth accommodation.
(4) For the purposes of subsection (3), appropriate special educational provision is—
(a) the special educational provision that, immediately before the beginning of the detention, was specified in the statement,
(b) educational provision corresponding as closely as practicable to the special educational provision so specified, or
(c) if it appears to the host authority that the special educational provision so specified is no longer appropriate for the person, such special educational provision as reasonably appears to the host authority to be appropriate for the person.
562D Appropriate special educational provision: arrangements between local authorities
(1) This section applies where special educational provision is secured for a person in circumstances where section 562C applies.
(2) A local authority in Wales may supply goods and services to—
(a) the host authority, or
(b) any other person making the special educational provision in question.
(3) Goods and services may be supplied under subsection (2) only for the purpose of assisting the making or securing of that special educational provision.
(1) This section applies in relation to a detained person who is detained in particular relevant youth accommodation.
(2) The host authority must arrange for the level of the detained person's literacy and numeracy skills to be assessed as soon as reasonably practicable after the beginning of the period during which the person is detained in that accommodation.
(3) Subsection (2) does not apply if the authority are satisfied that they have evidence of the current level of the person's literacy and numeracy skills.
(4) The “current level” of a detained person's literacy and numeracy skills is the level of those skills at the beginning of the period during which the person is detained in the relevant youth accommodation in question.
562F Provision of information about detained persons
(1) Any person who has provided education or training for a detained person (whether before or during the period of detention) may provide information relating to the detained person to—
(a) the home authority, or
(b) the host authority,
for the purposes of, or in connection with, the provision of education or training for the detained person.
(2) A local authority must, on a request under subsection (3), as soon as practicable provide to the person making the request such information that they hold relating to a detained person as is requested.
(3) A request is made under this subsection if it—
(a) is made by a person within subsection (4), and
(b) asks only for information which the person requires for the purposes of, or in connection with, the provision of education or training for the detained person (including education or training to be provided after the detained person's release from detention).
(4) Those persons are—
(a) any other local authority;
(b) a youth offending team established under section 39 of the Crime and Disorder Act 1998;
(c) the person in charge of any place at which the detained person is detained or is expected to be detained;
(d) any person providing or proposing to provide education or training for the detained person.
(5) The Welsh Ministers must, on a request by the home authority or the host authority, provide a copy of any relevant assessment report for the purposes of the exercise of any function of that authority under section 18A or this Chapter.
(6) In subsection (5), “relevant assessment report” means a report of an assessment of a detained person conducted (whether before or during the period of detention)—
(a) under section 140 of the Learning and Skills Act 2000, and
(b) by virtue of arrangements made by the Welsh Ministers.
(7) Subsection (8) applies in relation to a detained person if it appears to the host authority that the person is to be released from detention in relevant youth accommodation.
(8) The host authority must provide to the home authority any information they hold which—
(a) relates to the detained person, and
(b) may be relevant for the purposes of, or in connection with, the provision of education or training for the detained person after the release.
(9) The information required to be provided under subsection (8) must be provided at such time as the host authority think reasonable for the purpose of enabling education or training to be provided for the detained person after the release.
(10) Nothing in subsections (7) to (9) requires the host authority to provide to the home authority information which it appears to the host authority that the home authority already have.
(11) In this section any reference to the host authority, in relation to a detained person, includes a reference to any local authority in whose area the person is expected to be detained.
562G Information to be provided where statement of special educational needs previously maintained
(1) This section applies in relation to a detained person if, immediately before the beginning of the detention, a local authority in Wales were maintaining a statement under section 324 for the person.
(2) Subsections (3) and (4) apply where the home authority , where they are a local authority in Wales, become aware (whether by notice under section 39A(2) of the Crime and Disorder Act 1998 (detention of child or young person: local authorities to be notified) or otherwise)—
(a) that the person—
(i) has become subject to a detention order, and
(ii) is detained in relevant youth accommodation, or
(b) that the person has been transferred from one place of accommodation to another place of accommodation which is relevant youth accommodation.
(3) If, immediately before the beginning of the detention, the home authority were maintaining the statement, they must send a copy of the statement to the host authority.
(4) If the home authority are or become aware that, immediately before the beginning of the detention, another local authority in Wales were maintaining a statement for the person under section 324, they must notify the host authority—
(a) of that fact, and
(b) of the identity of that other local authority.
(5) The local authority in Wales who, immediately before the beginning of the detention, were maintaining the statement must, on a request by the host authority, send a copy of the statement to the host authority.
(6) Subsections (7) and (8) apply where the person is released from detention in relevant youth accommodation.
(7) The host authority must notify the following of the person's release—
(a) the home authority , where they are a local authority in Wales, and
(b) if different, the authority in Wales who, immediately before the beginning of the detention, were maintaining the statement under section 324.
(8) If the home authority, where they are a local authority in Wales are not the authority who, immediately before the beginning of the detention, were maintaining the statement, the host authority must also notify the home authority—
(a) of the fact that immediately before the beginning of the detention a statement was being maintained for the person by a local authority in Wales under section 324, and
(b) of the identity of that authority.
(9) Nothing in this section requires any local authority to notify another authority of any matter of which the other authority are already aware, or to send a copy of any statement to another authority who already have a copy of it.
562H Release of detained person appearing to host authority to require assessment
(1) This section applies in relation to the release from detention in relevant youth accommodation of a detained person—
(a) in relation to whom section 562G does not apply, and
(b) for whom the home authority are a local authority in Wales.
(2) Subsection (3) applies where it appears to the host authority that the detained person will, on release, be a child within the meaning of Part 4.
(3) If the host authority are of the opinion that the person has, or may have, special educational needs, they must, on the person's release, notify the home authority of their opinion.
(4) Subsection (6) applies where, on release, the detained person—
(a) will be over compulsory school age, or
(b) will cease to be of compulsory school age within one year.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) If—
(a) the host authority are of the opinion that the person has, or may have, a learning difficulty (within the meaning of section 41 of the Learning and Skills Act 2000 (assessments relating to learning difficulties: Wales)) and
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
the host authority must, on the person's release, notify the Welsh Ministers of their opinion.
(1) In this Chapter—
“the appropriate national authority” means—
in relation to England, the Secretary of State;
in relation to Wales, the Welsh Ministers;
“beginning of the detention”, in relation to a person detained in relevant youth accommodation, means—
the beginning of the period of detention in such accommodation, or
where that period is part of a continuous period, comprising periods of detention in relevant youth accommodation and in other accommodation, the beginning of that continuous period;
“detained person” has the meaning given by section 562A(3);
“the home authority”—
in relation to a child or young person who immediately before the beginning of the detention was, or at any time since then has been, a looked after child, means the local authority who are looking after, or who have most recently been looking after, the person;
in relation to any other child or young person, means the local authority in whose area the person is ordinarily resident;
“the host authority”, in relation to a child or young person detained in relevant youth accommodation, means the local authority in whose area the child or young person is detained;
“looked after child” means a person who, for the purposes of the Children Act 1989 or the Social Services and Well-being (Wales) Act 2014 is a child looked after by a local authority; and references to the local authority looking after the person are to be read accordingly;
“young person” includes a person aged 18.
(2) For the purposes of the definition of “beginning of the detention” in subsection (1), it is immaterial whether or not a period of detention is pursuant to a single order.
(3) In determining for the purpose of subsection (1) where a child or young person is ordinarily resident, any period when the person is subject to a detention order is to be disregarded.
(4) Regulations made by the appropriate national authority may make further provision for determining where a person is ordinarily resident for the purpose of that subsection.
(1) Regulations may make provision as to—
(a) the keeping, disclosure and transfer of educational records about persons receiving education at schools to which this section applies; and
(b) the supply of copies of such records to such persons, and in such circumstances, as may be determined by or under the regulations.
(2) The regulations may authorise persons who supply copies of such records in pursuance of the regulations to charge such fee as they think fit (not exceeding the cost of supply) in respect of each copy so supplied.
(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.
564 Certificates of birth and registrars’ returns.
(1) Where the age of any person is required to be proved for the purposes of this Act or of any enactment relating to the employment of children or young persons, the registrar having the custody of the register of birth and deaths containing the entry relating to the birth of that person shall—
(a) on being presented by any person (“the applicant”) with a written requisition in such form and containing such particulars as may be determined by regulations, and
(b) on payment of the appropriate fee,
supply the applicant with a copy of the entry certified under his hand.
(2) A registrar shall, on being requested so to do, supply free of charge a form of requisition for the purposes of subsection (1).
(3) A registrar shall supply to a local authority such particulars of the entries contained in any register of births and deaths in his custody, and in such form, as (subject to regulations) the authority may from time to time require for the purpose of the exercise of their education functions.
(4) In this section—
“the appropriate fee” means the fee payable to the registrar having custody of the register concerned for a certified copy of an entry in the register by virtue of section 38A of the Births and Deaths Registration Act 1953;
“register of births and deaths” means a register of births and deaths kept under that Act, and
“registrar” includes a registrar of births and deaths and a superintendent registrar.
(1) Where in any proceedings under this Act the person by whom the proceedings are brought—
(a) alleges that any person whose age is material to the proceedings is under, of, or over, any age, and
(b) satisfies the court that, having used all reasonable diligence to obtain evidence as to the age of that person, he has been unable to do so,
the court may, unless the contrary is proved, presume that person to be under, of, or (as the case may be) over, the age alleged.
(2) This section has effect subject to section 445(3).
(1) In any legal proceedings, any of the following documents, namely—
(a) a document purporting to be a document issued by a local authority in connection with the exercise of their education functions, and to be signed by the clerk of that authority or by the director of children’s services (in the case of an authority in England) or the chief education officer (in the case of an authority in Wales) or by any other officer of the authority authorised to sign it,
(b) a document purporting to be an extract from the minutes of the proceedings of the governing body of a maintained school, and to be signed by the chairman of the governing body or by their clerk,
(c) a document purporting to be a certificate giving particulars of the attendance of a child or young person at a school, and to be signed by the head teacher of the school, and
(d) a document purporting to be a certificate issued by a medical officer of a local authority, and to be signed by such an officer,
shall be received in evidence and shall be treated, without further proof, as the document which it purports to be and as having been signed by the person by whom it purports to have been signed, unless the contrary is proved.
(2) In any legal proceedings, any such extract or certificate as is mentioned in subsection (1)(b), (c) or (d) shall be evidence of the matters stated in it.
(3) Where a child of compulsory school age is required to attend at—
(a) any place at which education is provided for him in the circumstances mentioned in subsection (1) or (1A) of section 444ZA, or
(b) any place in the circumstances mentioned in subsection (1B) or (2) of that section,
subsection (1)(c) has effect as if the place in question were a school and the person in charge of the provision of education or training at that place were its head teacher (and subsection (2) has effect accordingly).
(1) Any power of the Secretary of State to make orders under this Act (other than an order under any of the excepted provisions) shall be exercised by statutory instrument.
(2) For the purposes of subsection (1) “the excepted provisions” are—
section 349;
...
section 489(3);
section 497; and
section 545.
(3) A statutory instrument containing any order made by the Secretary of State under this Act, other than ... an order under—
section 354(6), 355(2)(a), 356(2)(c) or 401,
. . .
section 554,
section 583(3) or (4), or
Schedule 40,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) No order shall be made under section 354(6), 355(2)(a) or 401 unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
(5) Any order made—
(a) by the Secretary of State under this Act by statutory instrument, . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.
(6) Without prejudice to the generality of subsection (5), an order made by the Secretary of State under this Act by statutory instrument may make in relation to Wales provision different from that made in relation to England.
(1) Any power of the Secretary of State or the Welsh Ministers to make regulations under this Act shall be exercised by statutory instrument.
(2) A statutory instrument containing regulations under this Act made by the Secretary of State, other than one falling within subsection (2A), ..., shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(2A) A statutory instrument which contains (whether alone or with other provision) regulations under section 434B, 436B(6), 436C(1)(g), 436C(2), 436C(4), 436E(1)(a), 436E(7), 436E(9), 436F(1), 436F(2), 550ZA(3)(f) or 550ZC(7) , or under paragraph 5 of Schedule 31A may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(2B) A statutory instrument containing regulations under sections 29(6A), 332ZC, 332AA, 332BA, 332BB , 336, 397 , 436I(6), 444A , 444B or (unless subsection (2BA) applies) Chapter 5A , or under paragraph 6B or 6C of Schedule 1, made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales are subject to the Senedd annulment procedure (see section 37E of the Legislation (Wales) Act 2019 (anaw 4)).
(2BA) A statutory instrument which contains (whether alone or with other provision) regulations made by the Welsh Ministers under both section 562J(4) and section 39(2) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales are subject to the Senedd approval procedure (see section 37C of the Legislation (Wales) Act 2019).
(2BB) A statutory instrument which contains (whether alone or with other provision) regulations under section 434B or 436B(6), 436C(1)(g), 436C(2), 436C(4), 436E(1)(a), 436E(7), 436E(9), 436F(1), 436F(2) or 579(3C) , or under paragraph 5 of Schedule 31A may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales are subject to the Senedd approval procedure (see section 37C of the Legislation (Wales) Act 2019).
(2C) Paragraphs 33 to 35 of Schedule 11 to the Government of Wales Act 2006 make provision about the National Assembly for Wales procedures that apply to any statutory instrument containing regulations or an order made in exercise of functions conferred upon the Secretary of State or the National Assembly for Wales by this Act that have been transferred to the Welsh Ministers by virtue of paragraph 30 of that Schedule.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) Regulations under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit or the Welsh Ministers think fit.
(5) Without prejudice to the generality of subsection (4), regulations under this Act may make in relation to Wales provision different from that made in relation to England.
(6) Subsection (5) does not apply to regulations under section 579(4).
570 Revocation and variation of certain orders and directions.
(1) This section applies to any order or directions made or given under this Act by—
(a) the Secretary of State, or
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) a local authority,
other than an order to which section 568(1) applies.
(2) Subject to subsection (3), any such order or directions may be varied or revoked by a further order or directions made or given by the Secretary of State, . . . or the local authority, as the case may be.
(3) Where the power to make or give any such order or directions is only exercisable—
(a) on the application or with the consent of any person or body of persons, or
(b) after consultation with any person or body of persons, or
(c) subject to any other conditions,
no order or directions made or given under that power may be varied or revoked under subsection (2) unless the same conditions are complied with.
(1) The Secretary of State shall publish any guidance given by him for the purposes of any provision of this Act in such manner as he thinks fit.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Any order, notice or other document required or authorised by this Act to be served on, or given to, any person may be served or given —
(a) by delivering it to that person, or
(b) by leaving it at his usual or last known place of residence, or
(c) by sending it in a prepaid letter addressed to him at that place.
(2) But such a document may not be served or given in an electronic communication to a person as a parent unless —
(a) the person consents in writing to the receipt of documents of the kind in question from the sender in an electronic communication sent to a specified number or address, and
(b) the communication is sent to the number or address in question.
(3) In subsection (2), “electronic communication” has the same meaning as in the Electronic Communications Act 2000.
(4) This section does not preclude any notice or order under sections 436H to 436P (which relate to school attendance orders) from being served by any other effective method.
573 Meaning of expressions relating to alteration etc. of premises or character of schools.
(1) The following provisions apply for the purposes of this Act except where the context otherwise requires.
(2) References to the alteration of school premises include making improvements, extensions or additions to the premises; . . ..
(3) References to the enlargement of any school premises include any modification of the school’s existing premises which has the effect of increasing the number of pupils for whom accommodation can be provided.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
574 Changes to school not amounting to discontinuance etc.
(1) For the purposes of this Act and any other enactment relating to the duties of a local authority neither—
(a) references in whatever terms to discontinuing a school (including those to a local authority ceasing to maintain a school), nor
(b) references in whatever terms to establishing a new school,
shall be read as applying by reason only of a change such as is mentioned in subsection (2) being made to an existing school (so that, where such a change is made to an existing school, the school shall be regarded as continuing despite the change and as being the same school before and after it, unless for other reasons it is to be regarded as discontinued).
(2) The changes are—
(a) education beginning or ceasing to be provided for pupils above or below a particular age, for boys as well as girls or for girls as well as boys;
(b) an enlargement or alteration of the school premises; and
(c) the transfer of the school to a new site.
(1) In this Act, unless the context otherwise requires, “parent”, in relation to a child or young person, includes any person—
(a) who is not a parent of his but who has parental responsibility for him, or
(b) who has care of him,
except that in section 499(8) it only includes such a person if he is an individual.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In subsection (1) “parental responsibility” has the same meaning as in the Children Act 1989.
(4) In determining for the purposes of subsection (1) whether an individual has care of a child or young person, any absence of the child or young person at a hospital or boarding school and any other temporary absence shall be disregarded.
In this Act “the Education Acts” means this Act together with the following Acts—
. . .
...
the Education Act 1973;
the Education Act 1980;
the Education (Fees and Awards) Act 1983;
the Further Education Act 1985 (except sections 4 and 5);
the Education Act 1986;
the Education (No. 2) Act 1986;
the Education Reform Act 1988;
. . .
...
the Further and Higher Education Act 1992;
the Education Act 1994;
. . .
...
...;
the Education Act 1997;
the Education (Schools) Act 1997;
. . .
the Teaching and Higher Education Act 1998;
the School Standards and Framework Act 1998 (c. 31);
the Education Act 2002 (c. 32).
the Higher Education Act 2004 (c. 8)
the Education Act 2005 (c. 18)
the Education and Inspections Act 2006 (c. 40)
the Education and Skills Act 2008 (c. 25)
Learner Travel (Wales) Measure 2008 (nawm 2)
Healthy Eating in Schools (Wales) Measure 2009 (nawm 3)
Academies Act 2010 (c. 32)
Education (Wales) Measure 2011
Education Act 2011
School Standards and Organisation (Wales) Act 2013
Children and Families Act 2014, Pt. 3 and s. 100
Education (Wales) Act 2014
Higher Education (Wales) Act 2015
Qualifications Wales Act 2015
Additional Learning Needs and Education Tribunal (Wales) Act 2018
Curriculum and Assessment (Wales) Act 2021
Welsh Language and Education (Wales) Act 2025, Pts. 3, 4
(1) In this Act, unless the context otherwise requires—
...
“Academy” means an educational institution to which Academy arrangements relate;
“Academy arrangements” has the meaning given by section 1 of the Academies Act 2010;
“Academy order” means an order under section 4 of that Act;
“Academy school”, “Academy order” and “alternative provision Academy” have the meanings have the meanings given by sections 1A, 1B and 1C respectively of that Act;
“additional learning needs” has the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;
“additional learning provision” has the meaning given by section 3 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;
“assist”, in relation to any school, institution or university, shall be construed in accordance with subsections (5) to (7) below;
“boarder” includes a pupil who boards during the week but not at weekends;
“child” means a person who is not over compulsory school age;
“clothing” includes footwear;
“education functions” means the functions specified in Schedule 36A;
“EHC plan” means a plan within section 37(2) of the Children and Families Act 2014;
...
“financial year” means a period of twelve months ending with 31st March;
“functions” includes powers and duties;
...
“head teacher” includes acting head teacher;
“higher education” means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988;
“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);
“individual development plan” means a plan within Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;
“land” includes buildings and other structures, land covered with water, and any interest in land;
“liability” includes obligation;
“local authority” means—
a local authority in England;
a local authority in Wales;
“local authority in England” means—
a county council in England;
a metropolitan district council;
a non-metropolitan district council for an area for which there is no county council;
a London borough council; and
the Common Council of the City of London (in their capacity as a local authority);
“local authority in Wales” means—
a county council in Wales; and
a county borough council;
...
“local government elector” has the meaning given by section 270(1) of the Local Government Act 1972;
“maintained nursery school” has the meaning given by section 22(9) of the School Standards and Framework Act 1998;
“medical officer”, in relation to a local authority, means a registered medical practitioner who is employed or engaged (whether regularly or for the purposes of any particular case) by the authority or whose services are made available to the authority by the Secretary of State;
“modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly;
“the National Curriculum”(without more) means—
..., the National Curriculum for England, ...
...
“premises”, in relation to a school, includes any detached playing fields but, except where otherwise expressly provided, does not include a teacher’s dwelling-house;
“prescribed” (except in Chapter 5A) means prescribed by regulations;
“proprietor”, in relation to a school or a 16 to 19 Academy , means the person or body of persons responsible for the management of the school or Academy (so that, in relation to a community, foundation or voluntary or community or foundation special school or a maintained nursery school, , or a maintained nursery school, it means the governing body);
...
“regulations” ... means regulations made by the Secretary of State , except where otherwise stated or where the function of making the regulations has been transferred to the Welsh Ministers in relation to Wales;
“relevant authority” means—
the Greater London Authority,
a local authority in England,
a combined authority established under Part 6 of the Local Democracy, Economic Development and Construction Act 2009, or
a combined county authority established under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023;
...
“sex education” includes education about—
Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus, and
any other sexually transmitted disease;
“school buildings”, in relation to a school, means any building or part of a building forming part of the school premises, other than a building or part required only—
as a caretaker’s dwelling,
for use in connection with playing fields,
to afford facilities for the carrying out of functions under paragraph 1 or 8 of Schedule 1 to the National Health Service Act 2006 (which relate to the provision of medical services for pupils), or
to afford facilities for providing milk, meals or other refreshment for pupils in attendance at the school;
“school year”, in relation to a school, means the period beginning with the first school term to begin after July and ending with the beginning of the first such term to begin after the following July;
“special educational needs”—
in relation to a child or person over compulsory school age but under 25 in the area of a local authority in England, has the meaning given by section 20(1) of the Children and Families Act 2014;
in relation to a child in the area of a local authority in Wales, has the meaning given by section 312;
“special educational provision”—
in relation to a person in the area of a local authority in England, has the meaning given by section 21(1) and (2) of the Children and Families Act 2014;
in relation to a child in the area of a local authority in Wales, has the meaning given by section 312(4);
“school day”, in relation to a school, means any day on which at that school there is a school session;
“trust deed” includes any instrument (other than an instrument of government) regulating the constitution of the school’s governing body or the maintenance, management or conduct of the school;
“young person” means a person over compulsory school age but under the age of 18.
(1A) For the purposes of this Act a person is subject to learning difficulty assessment if—
(a) an assessment under section 140 of the Learning and Skills Act 2000 (learning difficulty assessments: Wales) has been conducted in respect of the person, or
(b) arrangements for such an assessment to be conducted in respect of the person have been made or are required to be made.
(2) References in this Act to an interest in land include any easement, right or charge in, to or over land.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3A) References in this Act to a person who is “in the area” of a local authority in England do not include a person who is wholly or mainly resident in the area of a local authority in Wales or who would be wholly or mainly resident in the area of a local authority in Wales were it not for provision secured for the person under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018.
(3B) References in this Act to a person who is “in the area” of a local authority in Wales do not include a person who is wholly or mainly resident in the area of a local authority in England or who would be wholly or mainly resident in the area of a local authority in England were it not for provision secured for the person under Part 3 of the Children and Families Act 2014.
(3C) The Welsh Ministers may make further provision by regulations about the meaning of references in this Act to a person who is “in the area” of a local authority in Wales.
(4) For the purposes of this Act a person shall be treated as belonging, or as not belonging, to the area of a particular local authority in accordance with regulations; and any question under the regulations shall, in the case of a dispute, be determined by the Secretary of State.
(4A) For the purposes of this Act the area of the Common Council of the City of London shall be treated as including the Inner Temple and the Middle Temple.
(5) For the purposes of this Act a school shall be regarded as “assisted” by a local authority who do not maintain it if the authority make to its proprietor any grant in respect of the school or any payment in consideration of the provision of educational facilities there.
(6) Subject to subsection (7), an institution other than a school shall be regarded for the purposes of this Act as “assisted” by a local authority if the authority make to the persons responsible for its maintenance any grant in respect of the institution or any payment in consideration of the provision of educational facilities there.
(7) Neither—
(a) a university, nor
(b) any institution within the further education sector or within the higher education sector other than a university,
shall be regarded for the purposes of this Act as “assisted” by a local authority by virtue of the making by the authority to the persons responsible for the maintenance of the university or institution of any grant or payment such as is mentioned in subsection (6).
The expressions listed in the left-hand column below are defined by, or (as the case may be) are to be interpreted in accordance with, the provisions of this Act listed in the right-hand column in relation to those expressions.
Expression | Relevant provision
Academy | section 579(1)
Academy arrangements | Section 579(1)
Academy order | Section 579(1)
Academy school | Section 579(1)
16 to 19 Academy | Section 579(1)
additional learning needs | section 579(1)
additional learning provision | section 579(1)
admission authority (in Chapter I of Part VI) | section 415
admitted to a school for nursery education | section 579(3)
aggregated budget (in Part II) | sections 101(3) and 105
agreed syllabus
(in relation to England) | Section 375(2) and (4)
(in relation to Wales) | Section 375A(7)
aided school | section 32(1) and (3)
allocation formula (in Part II) | section 106(2)
alteration (of school premises) and alterations (in relation to such premises) | section 573(2)
alternative provision Academy | Section 579(1)
annual parents’ meeting (in Chapter VI of Part II) | section 162(1)
appropriate diocesan authority (in Part III in relation to a Church of England, Church in Wales or Roman Catholic Church school) | section 311(1)
appropriate further education funding council | section 579(1)
... | . . .
articles of government
(in relation to a county, voluntary or maintained special school) | section 127(1)
(in relation to a grant-maintained school) | section 218(1)
(in relation to a grant-maintained special school) | paragraph 1 of Schedule 28
(in relation to a group of grant-maintained schools) | section 280(2)
assess (in Part V) | section 350(2)
assessment arrangements (in Part V) | section 353
assisted (in relation to a school or other institution) | section 579(5) to (7)
. . . | . . .
attainment targets (in Part V) | section 353
authority responsible for election arrangements (in Chapter V of Part III) | section 243(2)
belonging to the area of a local authority (in relation to a person) | section 579(4)
boarder | section 579(1)
budget share (in Part II) | section 101(3) and (6)
capital grant (in relation to grant-maintained schools) | section 246(1) (or section 252)
cease to maintain (in relation to a school) | section 574
. . . | . . .
change in character (in relation to a school) | section 573(4)
character (of a school) (in Part III) | section 311(4)
child
(generally) | section 579(1)
(in Part IV) | section 312(5)
(in Chapter I of Part VI except sections 431 to 433) | section 411(8)
child for whom a local authority are responsible (in Part IV) | section 321(3)
Church in Wales school | section 311(1)
Church of England school | section 311(1)
city academy | section 482
city college for the technology of the arts | section 482(3)
city technology college | section 482(3)
clothing | section 579(1)
commencement of this Act | section 583(2)
compulsory school age | section 8 (or paragraph 1 of Schedule 40)
contract of employment (in relation to provisions specified in section 575(2)) | section 575(1)
controlled school | section 32(1) and (2)
co-opted governor (in relation to a county, voluntary or maintained special school) | section 78(1)
core governor | section 285 and Schedule 25
county school | section 31(1)
date of implementation
(in Part III in relation to proposals for acquisition of grant-maintained status) | section 200(2)
(in Part III in relation to a new grant-maintained school) | section 217
date of publication of proposals (in Part III in relation to proposals under that Part) | section 311(6)
delegation requirement (in Part II) | section 107(2)
discontinue (in relation to a school) | section 574
disposal of premises (in sections 297 to 300) | section 301(3)
dissolution date (in sections 274 to 279) | section 274(6)
the Education Acts | section 578
education functions | section 579(1)
EHC plan | section 579(1)
eligible for grant-maintained status (in Part III) | section 184
eligible governor (in Part III) | paragraph 4 of Schedule 24
eligible to vote in a ballot held in accordance with section 189 (in Chapter II of Part III) | section 190(1)
employed, employee, employer (in relation to provisions specified in section 575(2)) | section 575(1)
employed to work, or to work solely, at a school (in relation to provisions specified in section 575(2)) | section 575(3)
employee (in sections 469 to 473) | section 469(6)
enlargement (in relation to school premises) | section 573(3)
establish (in relation to a new school) | section 574
examination requirement (in Chapter III of Part VI) | section 462(1)
exclude, exclusion (except in section 524) | section 579(1)
financial year | section 579(1)
first governor (in relation to a grant-maintained school) | paragraphs 7 and 12 of Schedule 24
foundation governor
(in relation to a voluntary school) | section 78(2)
(in relation to a grant-maintained school) | paragraphs 8 and 13 of Schedule 24
foundation subjects | section 354 . . .
functions | section 579(1)
funding authority | section 26
further education | section 2(3) to (5)
general schools budget (in Part II) | section 101(3)
governing body, governor
(in Chapters IV to VI of Part II) | section 182
(in relation to a school grouped for purposes of Chapter IV of Part II) | section 89(6)
(in relation to a voluntary school and functions of foundation governors) | section 579(1)
governing body in liquidation (in sections 274 to 279) | section 274(3)
governor of an elected category (in Part III) | paragraph 3 of Schedule 24
governors’ report (in Chapter VI of Part II) | section 161(1)
grant-maintained school
(generally) | section 183(1)
(in sections 500 to 504) | section 505(8)
grant-maintained school formerly conducted by a governing body in liquidation (in sections 274 to 279) | section 274(5)
grant-maintained special school | section 346(3)
grant regulations (in Chapter VI of Part III) | section 244(2)
grants for education support and training | section 484(1)
group (of schools)
(in Part II) | section 89(5)
(in Chapter IX of Part III) | section 280(7)
head teacher
(generally) | section 579(1)
(in relation to a county, voluntary or maintained special school organised into separate departments) | section 132
higher education | section 579(1)
incorporation date
(in Chapter II of Part III) | section 200(5)
(in Chapter IV of Part III) | section 217
... | . . .
independent school | section 463
individual development plan | section 579(1)
initial governor (in Part III) | paragraph 2 of Schedule 24
institution outside (or within) the further education sector | section 4(3)
institution outside (or within) the wider higher education sector | section 4(4)
instrument of government
(in relation to a county, voluntary or maintained special school) | section 76(1)
(in relation to a grant-maintained school) | section 218(1)
(in relation to a grant-maintained special school) | paragraph 1 of Schedule 28
(in relation to a group of grant-maintained schools) | section 280(2)
interest in land | section 579(2)
in the area of a local authority in England | section 579(3A)
in the area of a local authority in Wales | section 579(3B)
junior pupil | section 3(2)
key stage | section 355(1)
land | section 579(1)
. . . | . . .
learning difficulty (in relation to a child in the area of a local authority in Wales) | section 312(2) and (3) (subject to subsection (3A))
liability | section 579(1)
local authority | section 579(1)
local authority in England | section 579(1)
local authority in Wales | section 579(1)
. . . | . . .
. . .
(generally) | section 579(1)
(in relation to a scheme under Part II) | section 101(2)
local government elector
(generally) | section 579(1)
(in Part III in relation to an area) | section 311(7)
maintain (in relation to a school maintained by a local authority) | section 34
maintained school
(in Part IV) | section 312(5)
(in Part V) | section 350(1)
(in Chapter II of Part VI) | section 437(8)
(in Chapter III of Part VI) | section 449
(in sections 500 to 504) | section 505(8)
maintained nursery school | sections 6(1) and 33(1)
maintained special school | sections 6(2) and 33(1)
maintenance grant (in relation to grant-maintained schools) | section 244(1) (or section 250(1))
medical officer (in relation to a local authority) | section 579(1)
minor authority | section 577
middle school | section 5(3)
modifications, modify | section 579(1)
the National Curriculum | sections 352(1) and 353
new governing body (in Part III) | section 195(2)
new school (in Part II) | section 181(1)
nursery school | section 6(1)
optional extra (in Chapter III of Part VI) | section 455(3)
parent | section 576
parent governor
(in relation to a county, voluntary or maintained special school) | section 78(3)
(in relation to a grant-maintained school) | paragraphs 5 and 10 of Schedule 24
. . . | . . .
. . . | . . .
pending
(in Part III in relation to proposals published under section 193) | section 193(4)
(in Chapter III of Part III in relation to the procedure for acquisition of grant-maintained status) | section 203(1)
powers to make proposals for the alteration of their school (in sections 500 to 504 in relation to the governing body of a voluntary school) | section 505(7)
powers to make proposals for the establishment, alteration or discontinuance of schools (in sections 500 to 504) | section 505(8)
premises
(in relation to a school) | section 579(1)
(in Part III) | section 311(1)
prescribed | section 579(1)
. . . | . . .
primary education | section 2(1)
primary school | section 5(1)
programmes of study (in Part V) | section 353
proceeds of disposal (in sections 297 to 300) | section 301(3)
procedure applicable under Chapter IV of Part II (in Chapter V of Part III) | section 243(3)
promoters (in Part III) | section 212(1)
proposals (in Chapter VII of Part III) | section 266(2)
proposals for acquisition of grant-maintained status (in Part III) | section 183(2)
proposals for the establishment of a new grant-maintained school (in Part III) | section 183(2)
proprietor (in relation to a school) | section 579(1)
prospectively disqualified (in Chapter V of Part III) | section 243(4)
provisionally registered school (in Part VII) | section 465(4)
pupil | sections 3(1) and 19(5)
reception class | section 579(1)
register, registration (in Part VII in relation to independent schools) | section 464(4)
registered (in relation to parents or pupils) | section 434(5)
registered school (in Part VII) | section 465(4)
Registrar of Independent Schools (or the Registrar in Part VII) | section 464(4)
regulations | section 579(1)
relevant age group | section 579(1)
relevant education (in relation to an order under section 27(1)) | section 27(7)
relevant particulars (in relation to a proposed initial governor of a grant-maintained school) | section 200(4)
relevant proposals (in Part II) | section 181(2)
relevant standard number (in Chapter I of Part VI) | section 411(7)
relevant upper age (in relation to a middle school) | section 5(3)(b)
relevant young adult (in sections 508F, 508G and 508I) | section 508F(9)
relevant youth accommodation | section 562(1A)
required to be covered by a scheme (in Part II in relation to a school) | section 102
reserved teacher (in Chapter VI of Part II in relation to a controlled school) | section 143(2)
reserved teacher (in Chapter VI of Part II in relation to a special agreement school) | section 144(1)
residential trip (in Chapter III of Part VI) | section 462(2)
responsible for a child (in Part IV in relation to a local authority) | section 321(3)
right to a delegated budget (in Part II) | section 115(a)
Roman Catholic Church school | section 311(1)
scheme (in Part II) | section 101(1)
school | section 4(1) and (2)
school in respect of which financial delegation is required (in Part II) | section 115
school which has a delegated budget (in Part II) | section 115
school attendance order | section 437(3)
school buildings | section 579(1)
school day | section 579(1)
school property (in sections 274 to 279) | section 274(4)
school year | section 579(1)
secondary education | section 2(2) and (5)
secondary school | section 5(2)
section 67 loan liabilities (in sections 274 to 279) | section 274(7)
senior pupil | section 3(2)
sex education | section 579(1)
significant (in relation to a change in character or enlargement of premises of a school) | section 573(5)
special agreement | section 32(5)
special agreement school | section 32(1) and (4)
special educational needs | section 579(1)
special educational provision | section 579(1)
special purpose grant (in relation to grant-maintained schools) | section 245(1) (or section 251)
special school | section 337
sponsor governor (in Part III) | paragraphs 9 and 14 of Schedule 24
subject to a detention order | section 562(1A)
subject to learning difficulty assessment | section 579(1A)
suitable education (in Chapter II of Part VI) | section 436A(3)
teacher governor
(in relation to a county, voluntary or maintained special school) | section 78(4)
(in relation to a grant-maintained school) | paragraphs 6 and 11 of Schedule 24
temporary governing body, temporary governor (in Part II) | section 181(3)
time of publication of proposals (in Part III in relation to proposals under that Part) | section 311(6)
. . . | . . .
trust deed (in relation to a voluntary school) | section 579(1)
trustees of the school (in sections 296 to 300) | section 301(2)
voluntary school | sections 31(2) and 32
wholly based on selection by reference to ability or aptitude (in Chapter I of Part VI) | section 411(9)
young person | section 579(1)
This Act shall apply to the Isles of Scilly—
(a) as if the Isles were a separate non-metropolitan county (and the Council of the Isles of Scilly were accordingly a county council), and
(b) subject to such other modifications as are specified in an order made by the Secretary of State.
582 Consequential amendments, repeals, transitional provisions etc.
(1) The enactments specified in Schedule 37 are amended in accordance with that Schedule, the amendments being consequential on the provisions of this Act.
(2) The enactments and instruments specified in Schedule 38 are repealed or revoked to the extent specified.
(3) The transitional and saving provisions contained in Schedule 39 shall have effect.
(4) The transitory provisions contained in Schedule 40 shall have effect.
(1) This Act may be cited as the Education Act 1996.
(2) Subject to subsection (3), this Act shall come into force on 1st November 1996 (and references to the commencement of this Act are to its coming into force on that date).
(3) The following provisions—
section 8,
section 317(6),
section 348,
section 528,
Part II of Schedule 37 and section 582(1) so far as relating thereto, and
Part II of Schedule 38 and section 582(2) so far as relating thereto,
shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different provisions and for different purposes.
(4) The Secretary of State may by order make such incidental, supplemental, saving or transitional provision as he thinks fit in connection with the coming into force in accordance with subsection (2) of any provision of this Act reproducing the effect of a provision of the Education Act 1993 which has not previously been brought into force by an order under section 308(3) of that Act (commencement).
(5) Where an order under subsection (3) brings into force any provision of section 317(6) or 528, then in relation to the coming into force of that provision—
(a) section 568(5) and (6) shall not apply to the order, but
(b) the order may make such provision as is authorised to be made, by virtue of section 67(2) and (3) of the Disability Discrimination Act 1995 (regulations and orders), by an order under section 70(3) of that Act (commencement).
(6) Subject to subsections (7) and (8), this Act extends to England and Wales only.
(7) This section, section 493 and section 569 so far as relating to regulations under section 493 extend also to Scotland; and this section extends also to Northern Ireland.
(8) Section 582 and Schedules 37 to 40 have the same extent as the enactments to which they relate.
Section 19.
General adaptations of enactments
1 References in any enactment to the proprietor or governing body of a school shall be read, in relation to a pupil referral unit, as references to the local authority .
2 References in any enactment to the head teacher of a school shall be read, in relation to a pupil referral unit, as references to the teacher in charge of the unit (whether known as the head teacher or not).
Modifications of enactments by regulations
3 Regulations may provide for any enactments relating to schools maintained by local authorities (or schools including such schools)—
(a) to apply in relation to pupil referral units,
(b) to apply in relation to such units with such modifications as may be prescribed, or
(c) not to apply in relation to such units.
3A Regulations may also—
(a) require a local authority in England to obtain the consent of the Secretary of State, in specified circumstances, to the closure of a pupil referral unit ;
(b) confer a power on the Secretary of State to give directions to a local authority in England about the exercise of—
(i) their functions under section 19;
(ii) their functions under any enactment applied to pupil referral units (with or without modifications) by regulations under paragraph 3;
(iii) any other function connected with pupil referral units ;
(c) require a local authority to comply with such directions.
Registration
4 (1) A person who is registered as a pupil at a school other than a pupil referral unit shall not, by reason only of being registered also as a pupil at such a unit, cease for the purposes of the Education Acts to be treated as a registered pupil at that school.
(2) In this Schedule “registered” means shown in the register kept under section 434.
Application of Local Government Act 1986
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Curriculum
6 (1) In relation to every pupil referral unit, the local authority, the management committee (where applicable) and the teacher in charge shall exercise their functions with a view to securing that the curriculum for the unit satisfies the requirements of section 78(1) or 99(1) of the Education Act 2002(1) (balanced and broadly based curriculum).
(2) Regulations may make provision for the determination and organisation of the curriculum in relation to every pupil referral unit, including provision as to making, and keeping up to date, a written statement of the policy in relation to that curriculum for the unit; and such regulations may require—
(a) the local authority, the management committee (where applicable), or the teacher in charge to exercise, or
(b) such of them as may be prescribed to collaborate with each other in exercising,
such functions in relation to the curriculum as may be prescribed.
(3) Each local education authority in Wales shall ... make arrangements for the consideration and disposal of any complaint to the effect that the authority, or the teacher in charge of any pupil referral unit in Wales —
(a) have acted or are proposing to act unreasonably with respect to the exercise of any power conferred, or the performance of any duty imposed, on them by sub-paragraph (1) or (2) above, or
(b) have failed to discharge any such duty.
(4) The Welsh Ministers shall not entertain under section 496 or 497 (power to prevent unreasonable exercise of functions; general default powers) Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in local authorities) any complaint in respect of any local education authority in Wales if it is a complaint—
(a) for which arrangements are required to be made under sub-paragraph (3) above, or
(b) that a local education authority have failed to exercise their powers to secure compliance by the teacher in charge of a pupil referral unit in Wales with any such duty as is referred to in that sub-paragraph,
unless a complaint in respect of the local education authority or, as the case may be, the teacher in charge of the unit has been made in respect of the same matter and disposed of in accordance with arrangements under that sub-paragraph.
Discipline
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Sex education, political indoctrination and political issues
8 Sections 403, 406 and 407 (sex education, political indoctrination, and treatment of political issues) apply in relation to pupil referral units as they apply in relation to community schools.
Charges
9 (1) Chapter III of Part VI applies in relation to pupil referral units as if the references to governing bodies were omitted.
(2) Section 458(2)(b) (charges for board and lodging) shall have effect in relation to a pupil provided with board and lodging at a unit as if after “that” there were inserted “for the time being”.
Application of Environmental Protection Act 1990
10 A pupil referral unit is an educational institution for the purposes of Part IV of the Environmental Protection Act 1990 (litter).
Information
11 Each local authority shall—
(a) on such occasions, and
(b) in such form and manner,
as may be prescribed, make available to registered parents of registered pupils at any pupil referral unit such information about the unit as may be prescribed.
Disapplication of Schedule 4
12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Children with special educational needs
13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
School attendance orders
14 (1) Where a pupil referral unit is named in a school attendance order—
(a) the local authority shall inform the teacher in charge of the unit, and
(b) if another local authority are responsible for determining the arrangements for the admission of pupils to the unit, that authority shall admit the child to the unit;
but paragraph (b) above does not affect any power to exclude from a unit a pupil who is already a registered pupil there.
(2) Section 438(4) does not apply in relation to a pupil referral unit.
(3) A local authority—
(a) shall, before deciding to specify a particular pupil referral unit in a notice under section 438(2) where another local authority are responsible for determining the arrangements for the admission of pupils to the unit, consult that authority; and
(b) if they decide to specify the unit in the notice, shall serve notice in writing of their decision on that authority.
(4) Section 439(7) and (8) apply where a notice is served on a local authority under sub-paragraph (3) above as they apply where notice is served under section 439(6).
(5) The parent of a child in respect of whom a school attendance order is in force may not under section 440 request the local authority to amend the order by substituting a pupil referral unit for the school named in the order.
(6) Where a child is a registered pupil at both a pupil referral unit and at a school other than a unit, the references in section 444 to the school at which he is a registered pupil shall be read as references to the unit.
(1) Where a pupil referral unit is named in a school attendance order made by a local authority under section 436I—
(a) the local authority must without delay, and in any event within the period of five days referred to in section 436I(6)(a) inform the teacher in charge of the unit, and
(b) if another local authority is responsible for determining the arrangements for the admission of pupils in the unit, that authority must admit the child to the unit,
but paragraph (b) above does not affect any power to exclude from a unit a pupil who is already a registered pupil there.
(2) Section 436L(4) does not apply in relation to a pupil referral unit.
(3) A local authority—
(a) must, in a case where another local authority is responsible for the admission of pupils to a pupil referral unit, consult that authority before deciding to specify that unit in a school nomination notice under section 436L, and
(b) if the authority decides to specify the unit in the notice, must serve notice in writing of their decision on that authority.
(4) Section 436N(3) to (9) applies where notice is served on a local authority under sub-paragraph (3) above as it applies where notice is served under section 436N(2).
(5) The parent of a child in respect of whom a school attendance order under section 436I is in force may not under section 436O request the local authority to amend the order by substituting a pupil referral unit for the school named in the order.
(6) Where a child is a registered pupil at both a pupil referral unit and at a school other than such a unit, the references in section 444 to the school at which the child is a registered pupil are to be read as references to the unit.
Management committees
15 (1) Regulations may make provision—
(a) for requiring any local authority who maintain a pupil referral unit to establish a committee to act as the management committee for the unit; and
(b) for that committee to discharge on behalf of the authority such of their functions in connection with the unit as are delegated by them to the committee in accordance with the regulations.
(2) Regulations under this paragraph may in particular make provision—
(a) for enabling a local authority to establish a joint committee to act as the management committee for two or more pupil referral units maintained by the authority;
(b) for requiring the approval of the Secretary of State to be obtained before any such joint committee is established;
(c) as to the composition of a management committee established under the regulations and—
(i) the appointment and removal of its members, and
(ii) their terms of office,
and in particular for requiring such a committee to include persons representing schools . . . situated in the area from which the unit or units in question may be expected to draw pupils;
(d) for requiring or (as the case may be) prohibiting the delegation by—
(i) a local authority; or
(ii) in the case of a local authority which are operating executive arrangements, the executive of that authority or any person on behalf of that executive,
to a management committee of such functions in connection with pupil referral units as are specified in the regulations.
(e) for authorising a management committee to establish sub-committees;
(f) for enabling (subject to any provisions of the regulations) a local authority , and in the case of a local authority which are operating executive arrangements the executive of that authority or any person acting on behalf of that executive, or a management committee to determine to any extent the committee’s procedure and that of any sub-committee;
(g) for limiting the personal liability of members of any such committee or sub-committee in respect of their acts or omissions as such members;
(ga) about the effect of closure of a pupil referral unit on members of the management committee for the unit or members of any sub-committee;
(h) for applying to any such committee or sub-committee, with or without modification—
(i) any provision of the Education Acts, or
(ii) any provision made by or under any other enactment and relating to committees or (as the case may be) sub-committees of a local authority.
(3) In sub-paragraph (2), “executive” and “executive arrangements” have the same meaning as in the Local Government Act 2000.
Status
1 A funding authority shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the property of the authority shall not be regarded as property of, or property held on behalf of, the Crown.
Powers
2 (1) Subject to sub-paragraph (2) below, a funding authority may do anything which appears to them to be necessary or expedient for the purpose of or in connection with the discharge of their functions, including in particular—
(a) acquiring and disposing of land and other property,
(b) entering into contracts,
(c) investing sums not immediately required for the purpose of the discharge of their functions, and
(d) accepting gifts of money, land or other property.
(2) A funding authority shall not borrow money.
3 (1) The Secretary of State may authorise a funding authority to purchase compulsorily any land required for the purpose of implementing any proposals under section 211, 212 or 260 (establishment or change in character of grant-maintained school) which are required to be implemented.
(2) The Acquisition of Land Act 1981 shall apply to compulsory purchase under this paragraph.
Tenure of members
4 (1) A person shall hold and vacate office as a member of a funding authority in accordance with the terms of his appointment and, on ceasing to be a member, shall be eligible for re-appointment.
(2) A member of a funding authority may at any time resign his office by notice in writing to the Secretary of State.
5 If the Secretary of State is satisfied that a member of a funding authority—
(a) has been absent from meetings of the authority for a period longer than six consecutive months without the permission of the authority, or
(b) is unable or unfit to discharge the functions of a member,
the Secretary of State may, by notice in writing to that member, remove him from office and thereupon the office shall become vacant.
Salaries, allowances and pensions
6 (1) A funding authority—
(a) shall pay to their members such salaries or fees, and such travelling, subsistence or other allowances, as the Secretary of State may determine, and
(b) shall, as regards any member in whose case the Secretary of State may so determine, pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.
(2) If a person ceases to be a member of a funding authority and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may direct the authority to make to that person a payment of such amount as the Secretary of State may determine.
(3) A funding authority shall pay to the members of any of their committees who are not members of the authority such travelling, subsistence and other allowances as the Secretary of State may determine.
(4) A determination or direction of the Secretary of State under this paragraph requires the approval of the Treasury.
Staff
7 (1) A funding authority may, with the approval of the Secretary of State as to numbers, appoint such employees as they think fit on such terms and conditions as to remuneration and other matters as the authority may determine.
(2) A determination under sub-paragraph (1) above requires the approval of the Secretary of State given with the consent of the Treasury.
(3) An employee of a funding authority may not be appointed as a member of the authority, and a member of a funding authority may not be appointed as an employee of the authority.
Chief officer
8 (1) One of the employees of a funding authority shall be the chief officer.
(2) The first chief officer shall be appointed by the Secretary of State on such terms and conditions as to remuneration and other matters as the Secretary of State may with the consent of the Treasury determine.
(3) Each subsequent chief officer shall be appointed by the authority with the approval of the Secretary of State.
Superannuation of employees
9 (1) Employment with a funding authority shall continue to be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply.
(2) A funding authority shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.
(3) Where an employee of a funding authority ceases to be such an employee and becomes a member of the authority and was by reference to his employment by the authority a participant in a scheme under section 1 of that Act, the Treasury may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee of the authority (whether or not any benefits are payable to him by virtue of paragraph 6 above).
Committees
10 (1) A funding authority may establish a committee for any purpose.
(2) The authority shall fix the number of the members which a committee established under this paragraph may have, and the terms on which they are to hold and vacate office.
(3) A committee may include persons who are not members of the authority.
(4) The authority shall keep under review the structure of committees established by them under this paragraph and the scope of each committee’s activities.
Delegation of functions
11 A funding authority may authorise the chairman, the chief officer or any committee established by them under paragraph 10 above to exercise such of their functions as they may determine.
Proceedings
12 Without prejudice to any other rights the Secretary of State may require to be accorded to him as a condition of any grants made to a funding authority under section 25—
(a) a representative of the Secretary of State shall be entitled to attend and take part in any deliberations (but not in decisions) at meetings of the authority or of any of their committees, and
(b) the authority shall provide the Secretary of State with such copies of any documents distributed to members of the authority or of any of their committees as he may require.
13 The validity of any proceedings of a funding authority or of any of their committees shall not be affected by a vacancy amongst the members or by any defect in the appointment of a member.
14 Subject to the preceding provisions of this Schedule, a funding authority may regulate their own procedure and that of any of their committees.
Accounts
15 (1) A funding authority shall—
(a) keep proper accounts and proper records in relation to the accounts;
(b) prepare a statement of accounts in respect of each financial year of the authority; and
(c) send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.
(2) The statement of accounts shall comply with any directions given by the Secretary of State with the approval of the Treasury as to—
(a) the information to be contained in it,
(b) the manner in which the information contained in it is to be presented, or
(c) the methods and principles according to which the statement is to be prepared,
and shall contain such additional information as the Secretary of State may with the approval of the Treasury require to be provided for the information of Parliament.
(3) The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament.
(4) In this paragraph “financial year” means the period beginning with the date on which the authority is established and ending with the next following 31st March, and each successive period of twelve months.
Application of seal and proof of instruments
16 The application of the seal of a funding authority shall be authenticated by the signature—
(a) of the chairman or of some other person authorised either generally or specifically by the authority to act for that purpose, and
(b) of one other member.
17 Any document purporting to be an instrument made or issued by or on behalf of a funding authority and to be—
(a) duly executed under their seal, or
(b) signed or executed by a person authorised by the authority to act in that behalf,
shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.
Functions relating to grant-maintained schools
1 (1) The Secretary of State may by order provide for any of his functions under the provisions of this Act mentioned in sub-paragraph (2) to be exercisable instead by a funding authority, either generally or in such circumstances as may be specified in the order.
(2) Those provisions are—
(a) sections 220 and 221 (alterations to instruments and articles of government);
(b) section 231(6) (consent to borrowing);
(c) section 233 (making and varying joint schemes);
(d) section 302 (variation of trust deeds);
(e) paragraph 5 of Schedule 21 (transitional powers of governing bodies); and
(f) paragraph 15 of Schedule 22 (approval of schemes for payment of allowances to governors).
(3) An order under this paragraph may—
(a) confer or impose such related functions on the funding authority, and
(b) provide for Part III of this Act to have effect with such modifications,
as the Secretary of State considers necessary or desirable in connection with any transfer of any functions under the provisions of this Act mentioned in sub-paragraph (2).
Functions under agreements relating to CTCs and CCTAs
2 (1) The Secretary of State may by order provide—
(a) for a funding authority to exercise the function of making and receiving payments under all or any of the agreements which he has entered into or may enter into under section 482 (CTCs and CCTAs); and
(b) for any such agreement to have effect accordingly.
(2) Any sums received by a funding authority in the exercise of those functions shall be paid to the Secretary of State.
Functions in respect of grants for certain expenditure due to ethnic minority population
3 (1) The Secretary of State may by order impose on a funding authority the function of paying on his behalf grants under section 11 of the Local Government Act 1966 (grants in respect of ethnic minority population) so far as payable by him by virtue of section 490 (grants to grant-maintained schools, CTCs and CCTAs).
(2) The payments shall be of such amounts and be paid to such persons as the Secretary of State may, in accordance with section 11 of the Local Government Act 1966, determine.