98 Admission for nursery education or to nursery or special school: children with statements of special educational needs or EHC plans.
(1) Children admitted to a school for nursery education and subsequently transferred to a reception class at the school shall be regarded for the purposes of this Chapter as admitted to the school (otherwise than for nursery education) on being so transferred.
(2) The admission of children to a school for nursery education shall be disregarded—
(a) for the purposes of any determination under section 88C or 89 of the number of pupils in any relevant age group that it is intended to admit to a primary school in a school year, and
(b) in determining for the purposes of section 88D or 89A what is a relevant age group in relation to a primary school.
(3) Subject to subsection (4), nothing in this Chapter apart from subsections (4A) and (4B) applies in relation to—
(a) nursery schools, or
(b) children who will be under compulsory school age at the time of their proposed admission.
(4) Where the arrangements for the admission of pupils to a maintained school provide for the admission to the school of children who will be under compulsory school age at the time of their proposed admission, this Chapter shall apply in relation to the admission of such pupils to the school otherwise than for nursery education.
(4A) The person responsible for admitting, or refusing to admit, children to a maintained school for nursery education shall be the person who (by virtue of section 88(1)) is the admission authority for the school.
(4B) Regulations may make provision as to the person who is to be responsible for admitting, or refusing to admit, children to maintained nursery schools.
(5) Regulations may make provision in connection with the arrangements for the admission of pupils to community or foundation special schools, and for the allocation between the local authority and the governing body of such a school of functions in connection with such arrangements.
(6) Apart from section 92(c) and (d) and subsection (5) above, nothing in this Chapter applies in relation to special schools.
(7) Subject to subsections (8) and (9), nothing in this Chapter applies in relation to children for whom EHC plans are maintained under section 37 of the Children and Families Act 2014 or individual development plans are maintained under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 in respect of which section 48 of that Act applies (duty to admit children to maintained schools).
(8) Any provision made by, or (as the case may be) by virtue of, section 84 or 92(c) and (d) or this section, apart from subsections (4A) and (4B), applies, or (as the case may be) may be made so as to apply, in relation to such children.
(9) Such children shall, in addition, be taken into account for the purposes of—
(a) the references in section 86(5), (5B) and (9) to a number of pupils, and
(b) any determination under section 88C or 89 of the number of pupils in a relevant age group that it is intended to admit, or to admit either as boarders or otherwise than as boarders, to a school in a school year.
(10) In subsection (8) the reference to any provision made by this section includes a reference to subsection (4) only so far as it has effect for the purposes mentioned in subsection (9).
(1) In this Chapter, “sixth form education” means secondary education suitable to the requirements of pupils who are over compulsory school age.
(2) References in this Chapter, in relation to a child who has been admitted to a school, to his entering the school's sixth form are to his being transferred to a class at the school in which sixth form education is provided from a class in which such education is not so provided.
99 General restriction on selection by ability or aptitude.
(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) The following are for the purposes of section 39(1) of the Education and Inspections Act 2006 permitted forms of selection by ability—
(a) any selection by ability authorised by section 100 (pre-existing arrangements);
(b) any selection by ability authorised by section 101 (pupil banding); and
(c) any selection by ability conducted in connection with the admission of pupils to the school for secondary education suitable to the requirements of pupils who are over compulsory school age.
(3) No admission arrangements for a maintained school may make provision for selection by aptitude unless they make provision for a permitted form of such selection.
(4) The following are permitted forms of selection by aptitude—
(a) any selection by aptitude authorised by section 100 (pre-existing arrangements); and
(b) any selection by aptitude authorised by section 102 (aptitude for particular subjects).
(5) For the purposes of this Chapter—
(a) a school’s admission arrangements make provision for selection by ability or by aptitude if they make provision for all or any of the pupils who are to be admitted to the school in any relevant age group to be so admitted by reference to ability or to aptitude (as the case may be);
(b) “ability” means either general ability or ability in any particular subject or subjects;
(c) “admission arrangements” has the meaning given by section 88(2); and
(d) “maintained school” means a community, foundation or voluntary school.
(1) Where at the beginning of the 1997-98 school year the admission arrangements for a maintained school made provision for selection by ability or by aptitude (and they have at all times since that date continued to do so), the admission arrangements for the school may continue to make such provision so long as—
(a) the proportion of selective admissions in any relevant age group does not exceed the permitted proportion (as defined by subsection (1A)), and
(b) there is no significant change in the basis of selection.
(1A) In subsection (1)(a), “the permitted proportion”, in relation to any relevant age group, means the lowest proportion of selective admissions provided for by the school's admission arrangements at any time since the beginning of the 1997-1998 school year.
(2) In relation to any time before the appointed day, the reference in subsection (1) to a maintained school is a reference to the school as a county, voluntary or grant-maintained school within the meaning of the Education Act 1996.
(3) In this section “the proportion of selective admissions”, in relation to a relevant age group, means the proportion of the total number of pupils admitted to the school in that age group (determined in the prescribed manner) which is represented by the number of pupils so admitted by reference to ability or to aptitude (as the case may be).
(4) Nothing in this section applies to a school with selective admission arrangements (as defined by section 104(2)).
(1) Subject to subsections (2) and (2A), the admission arrangements for a maintained school in England or Wales may make provision for selection by ability to the extent that the arrangements are designed to secure—
(a) that in any year the pupils admitted to the school in any relevant age group are representative of all levels of ability among applicants for admission to the school in that age group, and
(b) that no level of ability is substantially over-represented or substantially under-represented.
(1A) Subject to subsections (2) and (2A), the admission authority for a maintained school in England may make provision for selection by ability to the extent that the arrangements are designed to secure—
(a) that in any year the pupils admitted to the school in any relevant age group are representative of all levels of ability among such one of the following groups as the admission arrangements may specify (“the reference group”)—
(i) children who are applicants for admission in that age group to any of two or more schools (including the school in question) in the area of the local authority,
(ii) children in that age group who live in the area of the local authority, or
(iii) children in that age group who live in England, and
(b) that no level of ability is substantially over-represented or substantially under-represented by comparison with its representation in the reference group.
(2) Subsection (1) or (1A) does not apply if the arrangements have the effect that, where an applicant for admission has been allocated to a particular range of ability by means of some process of selection by reference to ability, some further such process is required or authorised to be carried out in relation to him for the purpose of determining whether or not he is to be admitted to the school.
(2A) If the admission authority for a maintained school in England is the local authority, the authority may only introduce such provision for selection by ability as is mentioned in subsection (1) or (1A) with the consent of the governing body of the school.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In the case of a school in Wales, admission arrangements to which subsection (1) applies are not authorised by this section unless proposals for the school to have such arrangements have been published, and fallen to be implemented, under any enactment.
(5) Where the admission arrangements for a school make both such provision for selection by ability as is mentioned in subsection (1) or (1A) above and such provision for selection by aptitude as is mentioned in section 102(1), nothing in this section shall be taken to prevent those arrangements—
(a) from authorising or requiring a process of selection to be carried out at any stage for the purpose of establishing that an applicant for admission has a relevant aptitude; or
(b) from having the effect of giving priority to such an applicant with a relevant aptitude irrespective of his level of ability.
102 Permitted selection in maintained schools in England: aptitude for particular subjects.
(1) Subject to subsection (2), the admission arrangements for a maintained school in England may make provision for the selection of pupils for admission to the school by reference to their aptitude for one or more prescribed subjects where—
(a) the admission authority for the school are satisfied that the school has a specialism in the subject or subjects in question; and
(b) the proportion of selective admissions in any relevant age group does not exceed 10 per cent.
(2) Subsection (1) does not apply if the admission arrangements make provision for any test to be carried out in relation to an applicant for admission which is either a test of ability or one designed to elicit any aptitude of his other than for the subject or subjects in question.
(3) Where, however, the admission arrangements for a school make both such provision for selection by aptitude as is mentioned in subsection (1) and such provision for selection by ability as is mentioned in section 101(1) or (1A), the reference in subsection (2) above to a test of ability does not include any such test for which provision may be made under that section.
(4) In this section “the proportion of selective admissions”, in relation to a relevant age group, means the proportion of the total number of pupils admitted to the school in that age group (determined in the prescribed manner) which is represented by the number of pupils so admitted by reference to aptitude for the subject or subjects in question.
(5) In this section “test” includes assessment and examination.
102A Permitted selection in maintained schools in Wales: aptitude for particular areas of learning and experience etc.
(1) The admission arrangements for a maintained school in Wales may make provision for the selection of pupils for admission to the school by reference to their aptitude for—
(a) one or more prescribed areas of learning and experience, or
(b) one or more prescribed elements within one or more areas of learning and experience.
(2) But the admission arrangements may make such provision only where—
(a) the admission authority for the school are satisfied that the school has a specialism in the area or areas, or element or elements, in question, and
(b) the proportion of selective admissions in any relevant age group does not exceed 10 per cent.
(3) Subsection (1) does not apply if the admission arrangements make provision for any test to be carried out in relation to an applicant for admission which is either a test of ability or one designed to elicit the applicant’s aptitude other than for the area or areas, or element or elements, in question.
(4) Where, however, the admission arrangements for a school make both such provision for selection by aptitude as is mentioned in subsection (1) and such provision for selection by ability as is mentioned in section 101(1), the reference in subsection (3) to a test of ability does not include any such test for which provision may be made under that section.
(5) In this section, “the proportion of selective admissions”, in relation to a relevant age group, means the proportion of the total number of pupils admitted to the school in that age group (determined in the prescribed manner) which is represented by the number of pupils so admitted by reference to aptitude for the area or areas, or element or elements, in question.
(6) In this section—
“area of learning and experience” has the same meaning as in the Curriculum and Assessment (Wales) Act 2021;
“test” includes assessment and examination.
103 Permitted selection: introduction, variation or abandonment of provision for such selection.
(1) In connection with the determination of a maintained school’s admission arrangements for a particular school year, sections 88C to 88K or, as the case may be, 89 and 90 shall, except to the specified extent, apply in relation to the making or abandonment by those arrangements of provision for any permitted form of selection by ability or aptitude as they apply in relation to the making or abandonment by those arrangements of provision for other matters.
(2) In subsection (1) “the specified extent” means the extent to which those admission arrangements would effect an alteration in the provision made by the school’s admission arrangements as respects any such form of selection (whether by introducing, varying or abandoning any such form of selection) which constitutes—
(a) in relation to England, a prescribed alteration for the purposes of section 18 of the Education and Inspections Act 2006, and
(b) in relation to Wales, a regulated alteration within the meaning of Chapter 2 of Part 3 of the School Standards and Organisation (Wales) Act 2013.
(3) Any admission arrangements to which section 101(1) or (1A) applies (whether authorised by section 100 or section 101) may be varied if (and only if) the arrangements as varied are designed to secure the objectives mentioned in section 101(1)(a) and (b), section 101(1A)(a)(i) and (b), section 101(1A)(a)(ii) and (b) or section 101(1A)(a)(iii) and (b).
(1) Where the Secretary of State is satisfied that a maintained school had selective admission arrangements at the beginning of the 1997-98 school year, he may by order designate the school as a grammar school for the purposes of this Chapter.
(2) A school has selective admission arrangements for the purposes of this Chapter if its admission arrangements make provision for all (or substantially all) of its pupils to be selected by reference to general ability, with a view to admitting only pupils with high ability.
(3) For the purpose of deciding whether a school’s admission arrangements fall within subsection (2), any such additional criteria as are mentioned in section 86(9) shall be disregarded.
(4) Where a maintained school is a grammar school—
(a) sections 105 to 109 have effect for prescribing procedures for altering the school’s admission arrangements so that it no longer has selective admission arrangements; and
(b) its admission arrangements shall not be so altered except in accordance with those sections.
(5) Regulations may make provision—
(a) for enabling the Secretary of State to make an order designating as a grammar school for the purposes of this Chapter a maintained school established in substitution for one or more discontinued schools each of which either has been or could have been so designated under this section (whether by virtue of subsection (1) or by virtue of the regulations); and
(b) for any provisions of this Chapter, or any regulations made under it, to have effect in relation to any such school with such modifications as may be prescribed.
(6) In this section “maintained school” includes, in relation to any time before the appointed day—
(a) a county or voluntary school, or
(b) a grant-maintained school,
within the meaning of the Education Act 1996; and in the application of subsection (1) to a maintained school on or after the appointed day the reference to the school shall be read, in connection with determining the nature of its admission arrangements at the beginning of the 1997-98 school year, as a reference to it as a school within paragraph (a) or (b) above.
(7) In this Chapter “grammar school” means a school for the time being designated under this section.
105 Procedure for deciding whether grammar schools should retain selective admission arrangements.
(1) The Secretary of State may by regulations make provision for ballots of parents to be held, at their request, for determining whether the grammar schools to which such ballots relate should retain selective admission arrangements.
(2) Ballot regulations may provide for a ballot under this section to relate—
(a) to all grammar schools within the area of a prescribed local authority or within such other area as may be prescribed,
(b) to a prescribed group of grammar schools, or
(c) to any grammar school not falling within paragraph (a) or (b).
(3) Ballot regulations may make provision—
(a) requiring a request for a ballot under this section to be made by means of a petition signed by parents eligible to request the ballot;
(b) prescribing the form of any such petition and other requirements (whether as to the procedure to be followed or otherwise) which are to be complied with in relation to any such petition;
(c) prescribing the body (“the designated body”) to which any such petition is to be sent and which, under arrangements made by the Secretary of State, is to—
(i) make the arrangements for the holding of ballots under this section, and
(ii) discharge such other functions with respect to such petitions and the holding of such ballots as may be prescribed (which may include the determination of any question arising as to the validity of any request for a ballot or as to a person’s eligibility to request or vote in a ballot);
(d) requiring prescribed bodies or persons, or bodies or persons falling within any prescribed category—
(i) to provide the designated body or any other person with any prescribed information requested by that body or person, or
(ii) to publish prescribed information in such manner as may be prescribed;
(e) authorising any such bodies or persons to charge a fee (not exceeding the cost of supply) for documents supplied by them in pursuance of regulations made by virtue of paragraph (d)(i);
(f) prescribing the terms of the question on which a ballot under this section is to be held and the manner in which such a ballot is to be conducted;
(g) enabling the Secretary of State, in any prescribed circumstances, to declare a previous ballot under this section void and require the holding of a fresh ballot;
(h) requiring anything falling to be done under the regulations to be done within such period as may be specified in or determined in accordance with the regulations.
(4) Ballot regulations may provide—
(a) for parents of any prescribed description to register with the designated body, in such manner and at such time as may be prescribed, in order to be eligible to request or vote in a ballot;
(b) that for all or any prescribed purposes of the regulations references to parents are to be read as excluding those who are not individuals.
(5) Ballot regulations may provide for a request for a ballot under this section to be made, in any prescribed circumstances, by means of two or more petitions.
(6) The information required to be provided in pursuance of subsection (3)(d) may include the names and addresses of parents of any prescribed description.
(7) Ballot regulations may provide for sections 496 and 497 of the Education Act 1996 (default powers of Secretary of State) to apply to proprietors of independent schools in relation to a duty imposed by or under the regulations.
(8) Where—
(a) a ballot has been held under this section, and
(b) the result of the ballot was to the effect that the schools or school in question should retain selective admission arrangements,
no further ballot relating to the schools or school shall be held under this section within such period as is specified in ballot regulations.
(9) The Secretary of State may make (or arrange for the making of) payments in respect of any expenses incurred by—
(a) the governing body of a school maintained by a local authority,
(b) the proprietor of an independent school, or
(c) a local authority,
in complying with any obligations which may be imposed by regulations made under subsection (3)(d)(i) or (ii).
Payments under this subsection may be made on such terms as the Secretary of State may determine.
(10) For the purposes of this section and sections 106 and 107, in their application in relation to any time falling before the appointed day, a grant-maintained school or a grant-maintained special school within the meaning of the Education Act 1996 shall be taken—
(a) to be a school maintained by a local authority, and
(b) to be maintained by the authority in whose area it is situated.
(11) In this section and section 106 “ballot regulations” means regulations made under this section.
106 Ballot regulations: eligibility of parents to request or vote in ballot.
(1) In relation to a ballot under section 105(2)(a), ballot regulations shall provide that, subject to such exceptions as may be prescribed, the parents eligible to request or vote in the ballot are—
(a) registered parents of registered pupils at the following schools, namely—
(i) where the ballot relates to all grammar schools within the area of a prescribed local authority, all schools maintained by that authority; or
(ii) where the ballot relates to all grammar schools within a prescribed area, all schools maintained by a local authority which are situated in such area as may be prescribed, together with (if the regulations so provide) all schools maintained by such local authority as may be prescribed;
(b) registered parents of registered pupils at independent schools where—
(i) such parents are resident, and
(ii) the schools are situated,
within the area of the prescribed local authority or (as the case may be) the prescribed area; and
(c) parents of children of a prescribed description where such parents—
(i) are resident within the area of the prescribed local authority or (as the case may be) the prescribed area, and
(ii) have registered with the designated body in accordance with section 105(4)(a).
(2) In relation to a ballot under section 105(2)(b) or (c), ballot regulations shall provide that, subject to such exceptions as may be prescribed, the parents eligible to request or vote in the ballot are registered parents of registered pupils at any school from which a prescribed number of pupils have transferred to the grammar school or schools in question—
(a) at such age or ages, and
(b) during such period,
as may be determined in accordance with the regulations; and such regulations may provide that where, within that period, any such grammar school has been established in substitution for another school, the schools are to be treated as a single school for the purposes of determining eligibility.
(3) Ballot regulations shall provide—
(a) in relation to a ballot under section 105(2)(a), that a request for such a ballot must be made by a number of eligible parents equal to at least 20 per cent. of all parents falling within subsection (1)(a) or (b) above; and
(b) in relation to a ballot under section 105(2)(b) or (c), that a request for such a ballot must be made by at least 20 per cent. of all parents falling within subsection (2) above.
(4) Ballot regulations may provide for a parent’s eligibility for the purposes of—
(a) making a request for a ballot,
(b) voting in a ballot, or
(c) determining the number of parents required to make a request by virtue of subsection (3),
to be determined by reference to such different times as may be determined in accordance with the regulations.
(5) Ballot regulations may make provision for determining whether parents are resident in an area for the purposes of subsection (1)(b) or (c).
107 Restriction on publication of material etc. relating to ballots.
(1) An authority or body to whom this section applies shall not incur any expenditure for the purpose of—
(a) publishing any material which, in whole or in part, appears designed to influence—
(i) eligible parents in deciding whether or not to request a ballot under section 105, or
(ii) the outcome of such a ballot; or
(b) assisting any person to publish any such material; or
(c) influencing, or assisting any person to influence, by any other means—
(i) eligible parents in deciding whether or not to request such a ballot, or
(ii) the outcome of such a ballot.
(2) This section applies to—
(a) any local authority, and
(b) the governing body of any school maintained by a local authority.
(3) Nothing in subsection (1) shall be taken to prevent an authority or body to whom this section applies from incurring expenditure on publishing or otherwise providing to any person (whether or not in pursuance of any duty to do so)—
(a) any factual information so far as it is presented fairly; or
(b) a fair and reasonable assessment by the authority or body of the likely consequences of the result of a ballot under section 105 being in favour of the schools or school in question ceasing to have selective admission arrangements; or
(c) an accurate statement by the authority or body of their intentions or proposals in the event of such a result.
(4) In determining for the purposes of subsection (3) whether—
(a) any information is presented fairly, or
(b) an assessment is fair and reasonable,
regard shall be had to any guidance given from time to time by the Secretary of State.
(5) In this section any reference to expenditure—
(a) in relation to the governing body of a school which has a delegated budget within the meaning of Part II of this Act (or, in relation to any time before the appointed day, Part II of the Education Act 1996), is a reference to expenditure out of the school’s budget share; or
(b) in relation to the governing body of a grant-maintained or grant-maintained special school within the meaning of that Act (where this section applies to such a school by virtue of section 105(10)), is a reference to expenditure out of maintenance grants paid under Chapter VI of Part III of that Act.
108 Implementation of decision that school should cease to have selective admission arrangements.
(1) Subsection (2) applies where the result of a ballot held under section 105 shows a simple majority of votes cast (by persons eligible to vote in the ballot) in favour of the grammar school or schools to which the ballot related ceasing to have selective admission arrangements.
(2) The admission authority for a grammar school to which the ballot related shall secure that their admission arrangements are revised (in accordance with sections 88C to 88K or, as the case may be, 89 and 90) so that, as from the beginning of such school year as may be prescribed, the school no longer has selective admission arrangements.
(3) Where the Secretary of State is satisfied that, in pursuance of subsection (2), a grammar school no longer has selective admission arrangements, he shall revoke the order made by him with respect to the school under section 104.
109 Proposals by governing body of grammar school to end selective admission arrangements.
(1) This section has effect for enabling the admission arrangements of a grammar school to be revised (otherwise than in circumstances where section 108(2) applies) so that the school no longer has selective admission arrangements and its admission arrangements instead either—
(a) make no provision for selection by ability, or
(b) make provision for one or more of the following, namely—
(i) any selection by ability authorised by section 101,
(ii) any selection by aptitude authorised by section 102, and
(iii) any selection by ability such as is mentioned in section 99(2)(c).
(2) Any such revision of the admission arrangements of a grammar school shall be one of the alterations to a maintained school which are prescribed under section 18 of the 2006 Act; but any proposals for any such revision of the admission arrangements of a grammar school which is a community school shall be published under section 19 of the 2006 Act by the governing body and not by the local authority.
(3) Regulations may provide—
(a) that, in their application to any proposals for any such revision of the admission arrangements of a grammar school, any provision of sections 19 to 24 of the 2006 Act or regulations under those sections shall have effect with such modifications as may be prescribed;
(b) that, in any prescribed circumstances following the making of a request for a ballot to be held under section 105, any such proposals under section 19 of the 2006 Act shall be of no effect.
(4) Regulations made under section 105 may make provision, in relation to cases where any such proposals under section 19 of the 2006 Act have fallen to be implemented under regulations under section 24 of that Act, for requiring the school to which the proposals relate to be disregarded for the purposes of any regulations made under section 105(2).
(5) Where the Secretary of State is satisfied that, by reason of the implementation of any such proposals, a grammar school no longer has selective admission arrangements, he shall revoke the order made by him with respect to the school under section 104.
(6) In this section “the 2006 Act” means the Education and Inspections Act 2006.
112 Extended work experience for Key Stage 4 pupils.
(1) Section 560 of the Education Act 1996 (work experience during compulsory schooling) shall be amended as follows.
(2) For subsections (1) and (2) there shall be substituted—
(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 education 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) In subsection (6) (disapplication of sections 495 and 496 of the Act), the words “or the governing body of a grant-maintained school” shall be omitted.
113 Provision of secondary education for Key Stage 4 pupils by FE institutions.
(1) In section 18(1) of the Further and Higher Education Act 1992 (principal powers of a further education corporation), after paragraph (a) there shall be inserted—
(aa) in pursuance of arrangements made—
(i) by a local education authority, or
(ii) by the governing body of a school on behalf of such an authority,
provide secondary education to pupils in the fourth key stage, and
.
(2) After section 52 of that Act there shall be inserted—
Duty to safeguard pupils receiving secondary education.
52A (1) This section applies where secondary education is provided to pupils in the fourth key stage—
(a) by a further education corporation in pursuance of arrangements falling within section 18(1)(aa) of this Act, or
(b) by a designated institution in pursuance of arrangements made—
(i) by a local education authority, or
(ii) by the governing body of a school on behalf of such an authority.
(2) The governing body of the corporation or institution shall secure that, except in such circumstances as may be prescribed by regulations, no education is provided to a person who has attained the age of nineteen years in a room in which any such pupils are for the time being receiving secondary education.
114A Requirements for food and drink provided on school premises etc
(1) Regulations may prescribe requirements which, subject to such exceptions as may be provided for by or under the regulations, are to be complied with in connection with—
(a) food or drink provided on the premises of any school maintained by a local authority in England, or
(b) food or drink provided at a place other than school premises by a local authority in England or the governing body of a school maintained by such an authority to any registered pupil at the school.
(2) Regulations under this section may in particular—
(a) specify nutritional standards, or other nutritional requirements, which are to be complied with;
(b) require that drinking water is to be available, free of charge, on the premises of any school maintained by a local authority;
(c) require that specified descriptions of food or drink are not to be provided.
(3) Requirements prescribed by virtue of subsection (1)(a) do not apply to food or drink brought on to the premises of a school maintained by a local eucation authority where the food or drink is brought on to those premises by any person for his own consumption.
(4) Where a local authority or the governing body of a school maintained by such an authority provide food or drink—
(a) to anyone on the premises of the school, or
(b) to any registered pupil at the school at a place other than school premises,
that authority or, as the case may be, that governing body must secure that any applicable provisions of the regulations are complied with.
(5) Subsection (4) applies whether the food or drink is provided in pursuance of any statutory requirement or otherwise.
(6) Where—
(a) food or drink is provided on the premises of a school maintained by a local authority,
(b) the provision is by a person (“X”) other than the authority or the governing body of the school, and
(c) X uses or occupies the whole or a part of the premises in circumstances related to a use or occupation agreement made (whether by X or any other person) with the authority or the governing body,
that authority or, as the case may be, that governing body must secure that any applicable provisions of the regulations are complied with.
(7) A “use or occupation agreement”, in relation to the premises of a school, is an agreement or other arrangement relating to the use or occupation of the whole or any part of the premises.
(8) Without prejudice to the generality of section 138(7), regulations under this section may prescribe—
(a) different requirements in relation to different classes or descriptions of school as specified in the regulations;
(b) different requirements in connection with food or drink provided by or to different classes or descriptions of person as specified in the regulations;
(c) requirements which apply during different periods of the day as specified in the regulations.
(9) A “place other than school premises” means a place other than the premises of any school maintained by a local authority.
(10) References in this section to food or drink provided by a local authority or the governing body of a school include references to food or drink provided in pursuance of an agreement or other arrangement made by such an authority or body for the provision of food or drink.
116 Transfer of local authority functions concerning school lunches, etc. to governing bodies.
After section 512 of the Education Act 1996 there shall be inserted—
Transfer of functions under section 512 to governing bodies.
512A (1) The Secretary of State may by order make provision for imposing on the governing body of any school to which the order applies a duty or duties corresponding to one or more of the duties of the local education authority which are mentioned in subsection (2).
(2) Those duties are—
(a) the duty to provide school lunches in accordance with section 512(1A) and (1B);
(b) the duty to provide school lunches free of charge in accordance with section 512(3)(a); and
(c) the duty to provide milk free of charge in accordance with section 512(3)(b).
(3) An order under this section may (subject to subsection (6)) apply to—
(a) all maintained schools; or
(b) any specified class of such schools; or
(c) all such schools, or any specified class of such schools, maintained by specified local education authorities.
(4) Where any duty falls to be performed by the governing body of a school by virtue of an order under this section—
(a) the corresponding duty mentioned in subsection (2) shall no longer fall to be performed by the local education authority in relation to the school; and
(b) if the duty corresponds to the one mentioned in subsection (2)(b) or (c), section 533(3) shall not apply to any school lunches or milk provided by the governing body in pursuance of the order.
(5) An order under this section may provide for section 513(2) not to apply—
(a) to local education authorities generally, or
(b) to any specified local education authority,
either in relation to all pupils for whom provision is made by the authority under section 513 or in relation to all such pupils who are of such ages as may be specified.
(6) An order under this section shall not operate to—
(a) impose any duty on the governing body of a school, or
(b) relieve a local education authority of any duty in relation to a school,
at any time when the school does not have a delegated budget; and such an order may provide for section 512(2)(b) above to have effect, in relation to any provision made at any such time by the local education authority for pupils at the school, with such modifications as may be specified.
(7) In this section—
“delegated budget” and “maintained school” have the same meaning as in the School Standards and Framework Act 1998;
“school lunch” has the same meaning as in section 512 above;
“specified” means specified in an order under this section.
In this Part “nursery education” means full-time or part-time education suitable for children who have not attained compulsory school age (whether provided at schools or elsewhere).
118 Duty of local authority as respects availability of nursery education.
(1) A local authority in Wales shall secure that the provision (whether or not by them) of nursery education for children who—
(a) have not attained compulsory school age, but
(b) have attained such age as may be prescribed,
is sufficient for their area.
(2) In determining for the purposes of subsection (1) whether the provision of such education is sufficient for their area a local authority—
(a) may have regard to any facilities which they expect to be available outside their area for providing such education; and
(b) shall have regard to any guidance given from time to time by the National Assembly for Wales.
118A Duties of local authority in respect of childcare
(1) A local authority shall review annually the sufficiency of childcare provision for their area.
(2) In carrying out a review for the purposes of subsection (1), a local authority—
(a) may have regard to any facilities which they expect to be available outside their area for providing childcare; and
(b) shall have regard to any guidance given from time to time by the Secretary of State.
(3) A local authority shall also establish and maintain a service providing information to the public relating to the provision of childcare and related services in their area.
(4) In relation to the function, form and content of a service established and maintained under subsection (3), a local authority shall have regard to any guidance given from time to time by the Secretary of State.
119 Early years development and childcare partnerships.
(1) Every local authority in Wales shall establish for their area a body to be known as an early years development and childcare partnership (“the partnership”).
(2) In establishing the partnership and determining its constitution the authority shall have regard to any guidance given from time to time by the Assembly.
(3) The authority may establish a sub-committee of the partnership for any part of their area.
(4) The authority shall make arrangements—
(a) for the meetings and proceedings of the partnership and any such sub-committee, and
(b) for the partnership (and any such sub-committee) to be provided with accommodation and with such services as the authority consider appropriate.
(5) The functions of the partnership shall be to work with the authority—
(a) in reviewing the sufficiency of the provision of nursery education for the authority’s area for the purposes of section 118, . . .
(ab) in reviewing the sufficiency of childcare provision for the authority’s area for the purposes of section 118A, ...
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The Assembly may by order confer on early years development and childcare partnerships such additional functions as are specified in the order.
(1) Schedule 26 (inspections, etc. of providers of nursery education in Wales) shall have effect.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Any register of nursery education inspectors established by the Chief Inspector for Wales under Schedule 1 to that Act shall be treated as established by him under Schedule 26 to this Act; and accordingly anything done under Schedule 1 to that Act in connection with the registration of (or any refusal to register) any person in that register shall, if effective immediately before the commencement of this section, continue to have effect as if done under Schedule 26 to this Act.
(4) In subsection (3) “the Chief Inspector for Wales” means“ Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.
(1) It shall be the duty of—
(a) any local authority in England or other person providing relevant early years education, and
(b) any person employed by such an authority or other person, or otherwise engaged to provide his services, in the provision of such education,
to have regard to the provisions of the code of practice issued under section 77 of the Children and Families Act 2014 (in the case of education in England) ....
(1A) Subsection (1) does not apply in so far as the person in question is already under a duty to have regard to the provisions of the code of practice in question.
(2) The code of practice in question may include practical guidance in respect of the provision of relevant early years education for children with special educational needs in circumstances where functions under Part 3 of the Children and Families Act 2014 ... do not fall to be discharged.
(3) But unless the code of practice in question includes provision made by virtue of subsection (2)—
(a) the Secretary of State shall publish a document explaining how the practical guidance contained in that code applies in circumstances where functions under Part 3 of the Children and Families Act 2014 ... 1996 do not fall to be discharged, and
(b) the duty imposed by subsection (1) includes a duty to have regard to the provisions of that document.
(3A) Subsection (3B) applies if—
(a) a local authority or other person providing relevant early years education for a child makes special educational provision for him because it is considered that he has special educational needs;
(b) no EHC plan ... 1996 is maintained for the child; and
(c) his parent has not previously been informed under subsection (3B) of the special educational provision made for him.
(3B) The local authority or other person concerned must inform the child’s parent that special educational provision is being made for him because it is considered that he has special educational needs.
(4) In this section “relevant 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
124 Travel arrangements for children receiving nursery education otherwise than at school.
After section 509 of the Education Act 1996 there shall be inserted—
Travel arrangements for children receiving nursery education otherwise than at school.
509A (1) A local education authority may provide a child with assistance under this section if they are satisfied that, without such assistance, he would be prevented from attending at any premises—
(a) which are not a school or part of a school, but
(b) at which relevant nursery education is provided,
for the purpose of receiving such education there.
(2) The assistance which may be provided for a child under this section consists of either—
(a) making arrangements (whether for the provision of transport or otherwise) for the purpose of facilitating the child’s attendance at the premises concerned, or
(b) paying the whole or any part of his reasonable travel expenses.
(3) When considering whether to provide a child with assistance under this section in connection with his attendance at any premises, a local education authority may have regard (among other things) to whether it would be reasonable to expect alternative arrangements to be made for him to receive relevant nursery education at any other premises (whether nearer to his home or otherwise).
(4) Where the assistance to be provided for a child under this section consists of making arrangements for the provision of transport, the authority may, if they consider it appropriate to do so, determine that the assistance shall not be so provided unless—
(a) the child’s parent, or
(b) the person providing the relevant nursery education concerned,
agrees to make to the authority such payments in respect of the provision of the transport (not exceeding the cost to the authority of its provision) as they may determine.
(5) In this section “relevant nursery education” means nursery education which is provided—
(a) by a local education authority, or
(b) by any other person—
(i) who is in receipt of financial assistance given by such an authority and whose provision of nursery education is taken into account by the authority in formulating proposals for the purposes of section 120(2)(a) of the School Standards and Framework Act 1998, or
(ii) who is in receipt of grants under section 1 of the Nursery Education and Grant-Maintained Schools Act 1996.
124A Employment of teachers at independent schools having a religious character
(1) This section applies to an independent school which has a religious character , other than an Academy to which section 124AA applies.
(2) Preference may be given, in connection with the appointment, promotion or remuneration of teachers at the school, to persons—
(a) whose religious opinions are in accordance with the tenets of the religion or the religious denomination specified in relation to the school under section 124B(2), or
(b) who attend religious worship in accordance with those tenets, or
(c) who give, or are willing to give, religious education at the school in accordance with those tenets.
(3) Regard may be had, in connection with the termination of the employment or engagement of any teacher at the school, to any conduct on his part which is incompatible with the precepts, or with the upholding of the tenets, of the religion or religious denomination so specified.
124AA Staff at certain Academies with religious character
(1) This section applies if—
(a) an Academy order has been made in respect of a foundation or voluntary controlled school which is designated by order under section 69(3) as a school having a religious character,
(b) the school has been converted into an Academy (see section 4(3) of the Academies Act 2010), and
(c) the Secretary of State has not made an order in respect of the school under subsection (2).
(2) The Secretary of State may by order provide that this section does not apply to a school specified in the order.
(3) Where there are more than two teachers at the Academy, the teachers must include persons who—
(a) are selected for their fitness and competence to give religious education in accordance with the tenets of the religion or the religious denomination specified in relation to the Academy in the order under section 69(3) (as applied by section 6(8) of the Academies Act 2010), and
(b) are specifically appointed to do so.
A teacher employed or engaged at the Academy in pursuance of this subsection is a “reserved teacher”, and any other teacher at the Academy is a “non-reserved teacher”.
(4) The number of reserved teachers in the Academy must not exceed one-fifth of the total number of teachers, including the principal (and for this purpose, where the total number of teachers is not a multiple of five, it is to be treated as if it were the next higher multiple of five).
(5) In connection with the appointment of a person to be the principal of the Academy, in a case where the principal is not to be a reserved teacher, regard may be had to that person's ability and fitness to preserve and develop the religious character of the Academy.
(6) Preference may be given, in connection with the appointment, promotion or remuneration of reserved teachers at the Academy, to persons—
(a) whose religious opinions are in accordance with the tenets of the religion or the religious denomination specified in relation to the Academy in the order under section 69(3) (as applied by section 6(8) of the Academies Act 2010), or
(b) who attend religious worship in accordance with those tenets, or
(c) who give, or are willing to give, religious education at the Academy in accordance with those tenets.
(7) Regard may be had, in connection with the termination of employment or engagement of any reserved teacher at the Academy, to any conduct on the part of the teacher which is incompatible with the precepts, or with the upholding of the tenets, of the religion or religious denomination specified in the order under section 69(3) (as applied by section 6(8) of the Academies Act 2010).
(8) No person, other than a reserved teacher, is to be disqualified by reason of their religious opinions, or of their attending or omitting to attend religious worship—
(a) from being a teacher at the Academy, or
(b) from being employed or engaged for the purposes of the Academy otherwise than as a teacher.
(9) A non-reserved teacher must not be required to give religious education.
(10) A non-reserved teacher must not receive any less remuneration than any other non-reserved teacher, or be deprived of, or disqualified for, any promotion or other advantage available to other non-reserved teachers—
(a) for the reason that the teacher gives, or does not give, religious education, or
(b) for reasons related to the teacher's religious opinions or to the teacher's attending or omitting to attend religious worship.
124B Designation of independent schools as having a religious character
(A1) Subsections (1) and (3) of section 68A (which relate to the designation of foundation or voluntary schools in Wales as having a religious character) apply in relation to an independent school in Wales as they apply in relation to a foundation or voluntary school in Wales, but as if—
(a) in subsection (1) of that section, the references to Part 2 and the Curriculum and Assessment (Wales) Act 2021 were a reference to this Part, and
(b) in subsection (3) of that section, the reference to subsection (2) of that section were a reference to subsection (2) of this section.
(1) Subsections (3) and (5) of section 69 (which relate to the designation of foundation or voluntary schools in England as having a religious character) apply in relation to an independent school in England (other than an alternative provision Academy) as they apply in relation to a foundation or voluntary school, but as if—
(a) in subsection (3), the reference to Part 2 were a reference to this Part, and
(b) in subsection (5), the reference to subsection (4) of that section were a reference to subsection (2) of this section.
(2) An order made under section 68A by virtue of subsection (A1) or under section 69(3) by virtue of subsection (1) shall specify, in relation to each school designated by the order, the religion or religious denomination (or as the case may be each religion or religious denomination) in accordance with whose tenets education is provided at the school or the school is conducted.
125 Partnership arrangements to secure provision of certain further education in Wales.
(1) The Further and Higher Education Act 1992 shall be amended as follows.
(2) In section 5 (administration of funds by further education funding councils), after subsection (5) there shall be inserted—
(5A) The Further Education Funding Council for Wales may give financial support to a local education authority for an area in Wales for the purposes of any partnership arrangement made by the authority to which section 60A of this Act applies.
(3) In section 18 (principal powers of a further education corporation)—
(a) in subsection (1), the words “and those powers” to the end shall be omitted, and
(b) after subsection (3) there shall be added—
(4) In addition to the powers conferred by subsection (1) above, a further education corporation which conducts one or more educational institutions situated in Wales may—
(a) secure the provision of full-time or part-time education suitable to the requirements of persons who are over compulsory school age but under the age of 19, but only if that provision is made under a partnership arrangement to which section 60A of this Act applies, and
(b) supply goods or services in connection with the securing of the provision of education under paragraph (a) above.
(5) Subsections (2) and (3) above shall apply for the purposes of subsection (4) above as they apply for the purposes of subsection (1), except that references in those subsections to the provision of education shall be construed as references to the securing of the provision of education.
(6) The powers conferred by subsection (1) above and the powers conferred by subsection (4) above are referred to in section 19 of this Act as the corporation’s principal powers.
(4) After section 60 there shall be inserted—
Partnership arrangements to secure provision of certain further education in Wales.
60A (1) An arrangement is a partnership arrangement to which this section applies if—
(a) it is made by—
(i) one or more local education authorities for areas in Wales, and
(ii) one or more governing bodies of Welsh further education institutions,
for the purpose of securing the provision of education within subsection (3),
(b) it provides for the facilities connected with the provision of education under the arrangement to be provided—
(i) in part, at one or more schools maintained by the local education authority which is a party to the arrangement (or where more than one local education authority is a party, by each of them), and
(ii) in part, at one or more Welsh further education institutions conducted by the governing body which is a party to the arrangement (or, where more than one governing body is a party, by each of them),
(c) it is made with the consent of—
(i) the Further Education Funding Council for Wales, and
(ii) the governing body of each school at which, in accordance with the arrangement, facilities are to be provided, and
(d) it is approved by the Secretary of State.
(2) For the purposes of subsection (1) above—
(a) “Welsh further education institution” means an institution which is within the further education sector and is situated in Wales, and
(b) a designated institution shall be treated as conducted by the governing body of the institution.
(3) Education is within this subsection if it is full-time or part-time education suitable to the requirements of persons who are over compulsory school age but under the age of 19.
(4) The following bodies shall exercise their functions with a view to securing that any education provided under a partnership arrangement to which this section applies is provided and funded in accordance with the arrangement—
(a) each local education authority which is a party to the arrangement;
(b) each governing body of an institution (or institutions) within the further education sector which is a party to the arrangement;
(c) the Further Education Funding Council for Wales;
(d) each governing body of a school which consented to the arrangement.
(5) Schedule 5A to this Act shall have effect in relation to partnership arrangements to which this section applies.
(5) After Schedule 5 there shall be inserted the Schedule set out in Schedule 27 to this Act.
126 Provisions relating to education provided under partnership arrangements.
(1) The Education Act 1996 shall have effect in relation to education provided under relevant partnership arrangements subject to the following provisions of this section.
(2) For the purposes of that Act—
(a) full-time education suitable to the requirements of persons who are over compulsory school age but under the age of 19 which is provided at a school at which education within section 2(2)(a) of that Act is also provided shall not be regarded as secondary education, and
(b) a person for whom full-time or part-time education suitable to the requirements of such persons is being provided at a school shall not be regarded as a pupil,
if that education is being provided under a relevant partnership arrangement.
(3) Accordingly, education within subsection (2)(a) above which is provided under a relevant partnership arrangement shall, for the purposes of that Act, be regarded as further education.
(4) In this section “relevant partnership arrangement” means a partnership arrangement to which section 60A of the Further and Higher Education Act 1992 (as inserted by section 125(4)) applies.
129 Payment of school expenses; grant of scholarships, etc.
For section 518 of the Education Act 1996 there shall be substituted—
Payment of school expenses; grant of scholarships, etc.
518 (1) A local education authority, for the purpose of enabling persons to take advantage of any educational facilities available to them, may in such circumstances as may be specified in or determined in accordance with regulations—
(a) pay such expenses of children attending community, foundation, voluntary or special schools as may be necessary to enable them to take part in any school activities,
(b) grant scholarships, exhibitions, bursaries and other allowances in respect of persons over compulsory school age.
(2) Regulations may make provision—
(a) for requiring a local education authority to make, in relation to each financial year, a determination relating to the extent to which they propose to exercise their power under subsection (1)(b) in that year; and
(b) for authorising an authority to determine not to exercise that power in a financial year—
(i) generally,
(ii) in such cases as may be prescribed, or
(iii) in such cases as may be determined by the authority.
(1) In section 3(2) of the Education (Schools) Act 1997 (regulations for purposes of transitional arrangements), after paragraph (f) there shall be added—
(g) provide for the Secretary of State, in a case where he is satisfied that it is reasonable to do so in view of any particular circumstances relating to a pupil who holds (or has at any time held) an assisted place provided by a school under section 2(1), to authorise another school which is either—
(i) a former participating school, or
(ii) a new school authorised to provide assisted places by virtue of paragraph (f) above,
to provide for the pupil under section 2(1) the assisted place which the first-mentioned school was authorised to provide.
(2) In section 75A(9A) of the Education (Scotland) Act 1980 (regulations in connection with assisted places)—
(a) the word “and” immediately preceding paragraph (b) shall be omitted; and
(b) after that paragraph there shall be inserted
; and
(c) provide for the Secretary of State, in a case where he is satisfied that it is reasonable to do so in view of any particular circumstances relating to a pupil who holds (or has, at any time since the beginning of the first term of the 1997-98 school year, held) an assisted place at a school under a scheme operated by virtue of subsection (1) above, to authorise another school which is, or is treated as, a participating school to provide for the pupil under such a scheme the assisted place which the first-mentioned school was authorised to provide.