Law

School Standards and Framework Act 1998

United Kingdom · statute

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In force since 2026-09-01, as the publisher states.

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

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

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Contents: 244 provisions
  1. Title and introductory text
  2. 1 Duty to set limit on infant class sizes.
  3. 2 Plans by LEAs for reducing infant class sizes.
  4. 3 Payment of grant in connection with reductions in infant class sizes.
  5. 4 Interpretation of Chapter I.
  6. 5 Duty of LEAs to promote high standards in primary and secondary education.
  7. 6 Preparation of education development plans.
  8. 7 Approval, modification and review of statement of proposals.
  9. 8 Reserve power of Secretary of State to secure proper performance of local authority's functions.
  10. 9 Education committees to include representatives of parent governors.
  11. 10 Establishment of education action zones.
  12. 11 Establishment of Education Action Forum for zone.
  13. 11A Constitution of Education Action Forum
  14. 11B Expansion of zone
  15. 11C Removal from zone
  16. 11D Information relating to a Forum and its zone
  17. 12 Functions of Education Action Forum.
  18. 13 Disapplication of pay and conditions order in relation to teachers at participating schools.
  19. 14 Powers of intervention exercisable by local authorities.
  20. 15 Cases where local authority may exercise powers of intervention.
  21. 16 Power of local authority to appoint additional governors.
  22. 16A Power of local authority to provide for governing body to consist of interim executive members
  23. 17 Power of local authority to suspend right to delegated budget.
  24. 18 Power of Assembly to appoint additional governors.
  25. 18A Power of Assembly to provide for governing body to consist of interim executive members
  26. 19 Power of Assembly to direct closure of school.
  27. 19ZA Power of Welsh Ministers to direct local authority to give warning notice: teachers' pay and conditions
  28. 19A Governing bodies consisting of interim executive members
  29. 20 New categories of maintained schools.
  30. 21 Kinds of foundation and voluntary schools and types of foundations.
  31. 22 Maintenance and other funding of schools.
  32. 23 Charitable status of maintained schools, etc.
  33. 23A Foundation and foundation special schools: requirements as to foundations
  34. 23B Powers of Secretary of State in relation to charity trustees of foundations
  35. 24 School organisation committees.
  36. 25 Adjudicators.
  37. 26 School organisation plans.
  38. 26A Plans of local learning and skills councils.
  39. 26B Plans of National Council.
  40. 27 Power to require committees or adjudicators for Wales.
  41. 28 Proposals for establishment or alteration of community, foundation or voluntary school in Wales.
  42. 28A Proposals for establishment of community, foundation or voluntary school maintained by English LEA
  43. 29 Proposals for discontinuance of community, foundation, voluntary or maintained nursery school in Wales.
  44. 30 Notice by governing body to discontinue foundation or voluntary school in England.
  45. 31 Proposals for establishment, alteration or discontinuance of community or foundation special school in Wales.
  46. 32 Direction requiring discontinuance of community or foundation special school in Wales.
  47. 33 Further provisions relating to establishment, alteration or discontinuance of schools in Wales.
  48. 34 Rationalisation of school places.
  49. 35 School in Wales changing from one category to another.
  50. 36 Governing bodies.
  51. 37 Instruments of government.
  52. 38 General responsibility of governing body for conduct of school.
  53. 39 Additional functions of governing body.
  54. 40 Control of use of school premises by governing body.
  55. 41 Responsibility for fixing dates of terms and holidays and times of sessions.
  56. 42 Governors’ reports and other information.
  57. 43 Annual parents’ meetings.
  58. 44 Arrangements for government of new schools.
  59. 45 Maintained schools to have budget shares.
  60. 45A Determination of specified budgets of local authority
  61. 45AA Power to require local authorities in England to determine schools budget
  62. 45AB Duty of local authorities in Wales to determine schools budget
  63. 45AC Power to require local authorities in Wales to determine schools budget
  64. 45B Power of Assembly to set minimum schools budget for local authority in Wales
  65. 45C Effect of notice under section 45B(6)
  66. 45D Power of Assembly to repeal Wales-only school funding provisions
  67. 46 Determination of LEA’s local schools budget and individual schools budget.
  68. 47 Determination of school’s budget share.
  69. 47ZA Free of charge early years provision outside a maintained school: budgetary framework: England
  70. 47A Schools forums
  71. 48 Local authorities’ financial schemes.
  72. 49 Maintained schools to have delegated budgets.
  73. 50 Effect of financial delegation.
  74. 51 Suspension of financial delegation for mismanagement etc.
  75. 51A Expenditure incurred for community purposes
  76. 52 Financial statements: Wales.
  77. 53 Certification of statements by Audit Commission.
  78. 53A Certification of statements by Auditor General for Wales
  79. 54 Staffing of community, voluntary controlled and community special schools.
  80. 55 Staffing of foundation, voluntary aided and foundation special schools.
  81. 56 Staffing for non-school activities.
  82. 57 Payments in respect of dismissal, etc.
  83. 58 Appointment and dismissal of certain teachers at schools with a religious character : England.
  84. 58A Appointment and dismissal of certain teachers at schools with a religious character: Wales
  85. 59 Staff at community, secular foundation or voluntary, or special school.
  86. 60 Staff at foundation or voluntary school with religious character.
  87. 61 Responsibility of governing body and head teacher for discipline.
  88. 62 Local authority’s reserve power to prevent a breakdown of discipline.
  89. 63 School attendance targets.
  90. 64 Power of head teacher to exclude pupils.
  91. 65 Exclusion of pupils: duty to inform parents, etc.
  92. 66 Functions of governing body in relation to excluded pupils.
  93. 67 Appeals against exclusion of pupils.
  94. 68 Exclusion of pupils: guidance.
  95. 68A Designation of schools with a religious character: Wales
  96. 69 Duty to secure due provision of religious education : England.
  97. 70 Requirements relating to collective worship.
  98. 71 Exceptions and special arrangements; provision for special schools.
  99. 72 Further provisions relating to new schools.
  100. 73 Transfer of staff on appointed day.
  101. 74 Transfer of land on appointed day.
  102. 75 Transfer of land by governing body to trustees.
  103. 76 Disposals of land in case of certain schools and disposals on discontinuance.
  104. 77 Control of disposals or changes in use of school playing fields.
  105. 78 Rating of maintained schools.
  106. 79 Stamp duty.
  107. 79A Stamp duty land tax
  108. 80 Provision of further education.
  109. 81 Application of employment law during financial delegation.
  110. 82 Modification of trust deeds.
  111. 83 Modification of provisions making governors of foundation or voluntary school ex officio trustees.
  112. 84 Code for school admissions.
  113. 85 Making and approval of code for school admissions.
  114. 85ZA Co-operation in discharging functions under this Part (England)
  115. 85A Admission forums
  116. 85B Functions of admission forums in relation to Academies
  117. 86 Parental preferences.
  118. 86A Preferences relating to sixth-form education: local authority arrangements
  119. 86B Duty in relation to preferences expressed under section 86A: admission authorities of maintained schools
  120. 87 No requirement to admit children permanently excluded from two or more schools.
  121. 88 Admission authorities and admission arrangements.
  122. 88A Prohibition on interviews
  123. 88B Admission arrangements relating to children looked after by local authority
  124. 88C Procedure for determining admission arrangements
  125. 88D Determination of admission numbers
  126. 88E Variation of admission arrangements
  127. 88F Sections 88C to 88E: supplementary
  128. 88G Power to restrict alteration of admission arrangements following establishment or expansion
  129. 88H Reference of objections to adjudicator
  130. 88I Other functions of adjudicator relating to admission arrangements
  131. 88IA Changes to admission numbers
  132. 88J Changes to admission arrangements
  133. 88K Sections 88H and 88I , 88I and 88IA : supplementary
  134. 88L Restriction on alteration of admission arrangements following adjudicator's decision
  135. 88M Co-ordination of admission arrangements
  136. 88N Further provision about schemes adopted or made by virtue of section 88M
  137. 88O Sharing of information by local authorities
  138. 88P Reports by local authorities to adjudicator
  139. 88Q Reports under section 88P: provision of information
  140. 88R Prohibition on interviews
  141. 89 Procedure for determining admission arrangements.
  142. 89A Determination of admission numbers
  143. 89B Co-ordination of admission arrangements
  144. 89C Further provision about schemes adopted or made by virtue of section 89B
  145. 89D Power to restrict alteration of admission arrangements following establishment or expansion
  146. 90 Reference of objections to Welsh Ministers.
  147. 90ZA Regulations by Welsh Ministers under sections 89 to 90
  148. 90A Restriction on alteration of admission arrangements following adjudicator's decision
  149. 91 Special arrangements to preserve religious character of foundation or voluntary aided school.
  150. 92 Publication of information about admissions.
  151. 93 Fixing admission numbers.
  152. 94 Appeal arrangements: general.
  153. 95 Appeals relating to children to whom section 87 applies.
  154. 95A References relating to looked after children to whom section 87(2) applies
  155. 96 Direction to admit child to specified school.
  156. 97 Procedure for giving direction under section 96.
  157. 97A Direction to admit looked after child to specified school
  158. 97B Procedure for giving direction under section 97A
  159. 97C Determinations under section 97 or 97B: supplemental
  160. 97D Power of Assembly to make regulations about admission of looked after children
  161. 98 Admission for nursery education or to nursery or special school: children with statements of special educational needs or EHC plans.
  162. 98A Meaning of “sixth form education” etc
  163. 99 General restriction on selection by ability or aptitude.
  164. 100 Permitted selection: pre-existing arrangements.
  165. 101 Permitted selection: pupil banding.
  166. 102 Permitted selection in maintained schools in England: aptitude for particular subjects.
  167. 102A Permitted selection in maintained schools in Wales: aptitude for particular areas of learning and experience etc.
  168. 103 Permitted selection: introduction, variation or abandonment of provision for such selection.
  169. 104 Designation of grammar schools.
  170. 105 Procedure for deciding whether grammar schools should retain selective admission arrangements.
  171. 106 Ballot regulations: eligibility of parents to request or vote in ballot.
  172. 107 Restriction on publication of material etc. relating to ballots.
  173. 108 Implementation of decision that school should cease to have selective admission arrangements.
  174. 109 Proposals by governing body of grammar school to end selective admission arrangements.
  175. 110 Home-school agreements.
  176. 111 Supplementary provisions about home-school agreements.
  177. 112 Extended work experience for Key Stage 4 pupils.
  178. 113 Provision of secondary education for Key Stage 4 pupils by FE institutions.
  179. 114 Nutritional standards for school lunches.
  180. 114A Requirements for food and drink provided on school premises etc
  181. 115 Extension of LEA functions concerning school lunches, etc.
  182. 116 Transfer of local authority functions concerning school lunches, etc. to governing bodies.
  183. 117 Definition of “nursery education”.
  184. 118 Duty of local authority as respects availability of nursery education.
  185. 118A Duties of local authority in respect of childcare
  186. 119 Early years development and childcare partnerships.
  187. 120 Early years development and childcare plans.
  188. 121 Approval, modification and review of statement of proposals.
  189. 122 Inspection of nursery education in Wales.
  190. 123 Children with special educational needs.
  191. 124 Travel arrangements for children receiving nursery education otherwise than at school.
  192. 124A Employment of teachers at independent schools having a religious character
  193. 124AA Staff at certain Academies with religious character
  194. 124B Designation of independent schools as having a religious character
  195. 125 Partnership arrangements to secure provision of certain further education in Wales.
  196. 126 Provisions relating to education provided under partnership arrangements.
  197. 127 Code of practice for securing effective relationships between local authorities and maintained schools in Wales.
  198. 128 Financial assistance to non-maintained schools.
  199. 129 Payment of school expenses; grant of scholarships, etc.
  200. 130 Transfer of assisted places.
  201. 131 Abolition of corporal punishment in schools etc.
  202. 132 Dissolution of Funding Agency for Schools.
  203. 133 Removal of power to establish Schools Funding Council for Wales.
  204. 134 Publication of inspection reports.
  205. 135 Miscellaneous amendments relating to school and nursery inspections.
  206. 136 Change of name of Education Assets Board.
  207. 137 Education Transfer Council: alteration of functions and provision for dissolution.
  208. 138 Orders and regulations.
  209. 138A Regulations made by Welsh Ministers under section 71(7A) or sections 89 to 90
  210. 139 Financial provisions.
  211. 140 Minor and consequential amendments and repeals.
  212. 141 Minor authorities.
  213. 142 General interpretation.
  214. 143 Index.
  215. 144 Transitional provisions etc.
  216. 145 Short title, commencement and extent.
  217. SCHEDULE 1 Provisions relating to an Education Action Forum
  218. SCHEDULE 2 Allocation of existing schools to new categories
  219. SCHEDULE 3 Funding of foundation, voluntary and foundation special schools
  220. SCHEDULE 5 Adjudicators
  221. SCHEDULE 8 Changes of category of school
  222. SCHEDULE 9 Constitution of governing bodies
  223. SCHEDULE 10 Incorporation and powers of governing bodies
  224. SCHEDULE 11 Membership and proceedings etc. of governing bodies
  225. SCHEDULE 12 Instruments of government
  226. SCHEDULE 13 Control of school premises by governing bodies
  227. SCHEDULE 14 Revision of local authority schemes
  228. SCHEDULE 15 Suspension of financial delegation
  229. Schedule 16
  230. SCHEDULE 17 Staffing of foundation, voluntary aided and foundation special schools
  231. SCHEDULE 18 Appeals against exclusion of pupils
  232. SCHEDULE 19 Required provision for religious education
  233. SCHEDULE 20 Collective worship
  234. SCHEDULE 21 Transfers of land on appointed day
  235. SCHEDULE 22 Disposals of land in case of certain schools and disposals on discontinuance
  236. SCHEDULE 24 Admission appeals
  237. SCHEDULE 25 Children to whom section 87 applies: appeals by governing bodies 12.10.01
  238. SCHEDULE 26 Inspection of nursery education in Wales
  239. SCHEDULE 27 Further provision about partnership arrangements in Wales
  240. SCHEDULE 28 Amendments relating to school and nursery inspections
  241. SCHEDULE 29 Amendments relating to functions of Education Transfer Council
  242. SCHEDULE 30 Minor and consequential amendments
  243. SCHEDULE 31 Repeals
  244. SCHEDULE 32 Transitional provisions and savings

Proposed changes to this act

No one has proposed a change to this act yet.

244 provisions

56 Staffing for non-school activities.

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57 Payments in respect of dismissal, etc.

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58 Appointment and dismissal of certain teachers at schools with a religious character : England.

(1) In this section— (a) subsections (2) to (6) apply to a foundation or voluntary controlled school in England which has a religious character; and (b) subsection (7) applies (subject to subsection (8)) to a voluntary aided school in England which has a religious character; and references in this Chapter to a school which has (or does not have) a religious character shall be construed in relation to a school in England, in accordance with ... section 69(3). (2) Where the number of teachers at a school to which this subsection applies is more than two, the teachers shall include persons who— (a) are selected for their fitness and competence to give such religious education as is required in accordance with arrangements under paragraph 3(3) of Schedule 19 (arrangements for religious education in accordance with the school’s trust deed or with the tenets of the school’s specified religion or religious denomination), and (b) are specifically appointed to do so. (3) The number of reserved teachers in such a school shall not exceed one-fifth of the total number of teachers, including the head teacher (and for this purpose, where the total number of teachers is not a multiple of five, it shall be treated as if it were the next higher multiple of five). (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Where the appropriate body propose to appoint a person to be a reserved teacher in such a school, that body— (a) shall consult the foundation governors, and (b) shall not so appoint that person unless the foundation governors are satisfied as to his fitness and competence to give such religious education as is mentioned in subsection (2)(a). (6) If the foundation governors of such a school consider that a reserved teacher has failed to give such religious education efficiently and suitably, they may— (a) in the case of a teacher who is an employee, require the appropriate body to dismiss him from employment as a reserved teacher at the school, and (b) in the case of a teacher who is engaged otherwise than under a contract of employment, require the governing body to terminate his engagement. (7) If a teacher appointed to give religious education in a school to which this subsection applies fails to give such education efficiently and suitably, he may be dismissed on that ground by the governing body without the consent of the local authority. (8) Subsection (7) does not apply— (a) where the school has a delegated budget, or (b) to religious education in accordance with an agreed syllabus. (9) In this section— “the appropriate body” means— in relation to a foundation school, the governing body, and in relation to a voluntary controlled school, the local authority; “reserved teacher”, in relation to a foundation or voluntary controlled school, means a person employed or engaged at the school in pursuance of subsection (2).

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58A Appointment and dismissal of certain teachers at schools with a religious character: Wales

(1) In this section— (a) subsections (3) to (7) apply to a foundation or voluntary controlled school in Wales that has a religious character, and (b) subsections (8) and (9) apply (subject to subsection (10)) to a voluntary aided school in Wales that has a religious character. (2) References in this Chapter to a school which has (or does not have) a religious character are to be construed, in relation to a school in Wales, in accordance with section 68A(1). (3) Where the number of teachers at a school to which this subsection applies is more than two, the teachers must include persons (“reserved teachers”) who— (a) are selected for their fitness and competence to provide teaching and learning within subsection (11), and (b) are specifically appointed to provide that teaching and learning. (4) The number of reserved teachers at a school must not exceed one fifth of the total number of teachers, including the head teacher; 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) Where the appropriate body propose to appoint a person as a reserved teacher in a school, that body— (a) must consult the foundation governors, and (b) must not appoint that person unless the foundation governors are satisfied as to the person’s fitness and competence to provide teaching and learning within subsection (11). (6) Subsection (7) applies if the foundation governors of a school to which subsection (3) applies consider that a person appointed as a reserved teacher at the school has failed to provide teaching and learning within subsection (11) efficiently and suitably. (7) The foundation governors may— (a) in the case of a teacher who is an employee, require the appropriate body to dismiss the teacher from employment as a teacher appointed under subsection (3); (b) in the case of a teacher who is engaged otherwise than under a contract of employment, require the governing body to terminate that engagement. (8) Subsection (9) applies if a teacher appointed to provide teaching and learning within subsection (11), in a school to which this subsection applies, fails to provide that teaching and learning efficiently and suitably. (9) The teacher may be dismissed by the governing body, without the consent of the local authority, on the ground of failure to provide the teaching and learning efficiently and suitably. (10) Subsection (9) does not apply where the school has a delegated budget. (11) Teaching and learning within this section is teaching and learning in Religion, Values and Ethics that accords with— (a) any provisions of the school’s trust deed that relate to teaching and learning in Religion, Values and Ethics, or (b) if there are no such provisions, the tenets of the religion or religious denomination specified in relation to the school under section 68A. (12) In this section— “the appropriate body” means— in relation to a foundation school, the governing body, and in relation to a voluntary controlled school, the local authority; “Religion, Values and Ethics” has the same meaning as in the Curriculum and Assessment (Wales) Act 2021.

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59 Staff at community, secular foundation or voluntary, or special school.

(1) This section applies to— (a) a community school or a community or foundation special school, or (b) a foundation or voluntary school which does not have a religious character. (2) No person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship— (a) from being a teacher at the school, or (b) from being employed or engaged for the purposes of the school otherwise than as a teacher. (3) No teacher at the school shall be required to give religious education (in the case of a school in England) or to provide teaching and learning in Religion, Values and Ethics (in the case of a school in Wales). (4) No teacher at the school shall receive any less remuneration or be deprived of, or disqualified for, any promotion or other advantage— (a) by reason of the fact that he does or does not give religious education or (as the case may be) provide teaching and learning in Religion, Values and Ethics, or (b) by reason of his religious opinions or of his attending or omitting to attend religious worship.

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60 Staff at foundation or voluntary school with religious character.

(1) This section applies to a foundation or voluntary school which has a religious character. (2) If the school is a foundation or voluntary controlled school, then (subject to subsections (3) and (4) below) section 59(2) to (4) shall apply to the school as they apply to a foundation or voluntary controlled school which does not have a religious character. (3) Section 59(2) to (4) shall not so apply in relation to a reserved teacher at the school; and instead subsection (5) below shall apply in relation to such a teacher as it applies in relation to a teacher at a voluntary aided school. (4) In connection with the appointment of a person to be head teacher of the school (whether foundation or voluntary controlled) in a case where the head teacher 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 school. (5) If the school is a voluntary aided school— (a) preference may be given, in connection with the appointment, remuneration or promotion of teachers at the school, to persons— (i) whose religious opinions are in accordance with the tenets of the religion or religious denomination specified in relation to the school under section 68A or section 69(4), or (ii) who attend religious worship in accordance with those tenets, or (iii) who give, or are willing to give, religious education at the school in accordance with those tenets (in the case of a school in England) or to provide teaching and learning in Religion, Values and Ethics in accordance with those tenets (in the case of a school in Wales); and (b) 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. (6) If the school is a voluntary aided school in Wales, no person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship, from being employed or engaged for the purposes of the school otherwise than as a teacher. (7) Where immediately before the appointed day a teacher at a school which on that day becomes a school to which this section applies enjoyed, by virtue of section 304 or 305 of the Education Act 1996 (religious opinions of staff etc.), any rights not conferred on him by this section as a teacher at a school to which it applies, he shall continue to enjoy those rights (in addition to those conferred by this section) until he ceases to be employed as a teacher at the school. (8) In this section “reserved teacher”, in relation to a foundation or voluntary controlled school, means a person employed at the school in pursuance of section 58(2).

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61 Responsibility of governing body and head teacher for discipline.

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62 Local authority’s reserve power to prevent a breakdown of discipline.

(1) The local authority in England may, in the circumstances mentioned in subsection (2) or where subsection (2A) ... applies, take such steps in relation to a maintained school as they consider are required to prevent the breakdown, or continuing breakdown, of discipline at the school. (2) The circumstances are that— (a) in the opinion of the authority— (i) the behaviour of registered pupils at the school, or (ii) any action taken by such pupils or their parents, is such that the education of any registered pupils at the school is (or is likely in the immediate future to become) severely prejudiced; and (b) the governing body have been informed in writing of the authority’s opinion. (2A) This subsection applies where, in the case of a school in England— (a) a warning notice has been given in accordance with section 60(2) of the Education and Inspections Act 2006 (“the 2006 Act”) referring to the safety of pupils or staff at the school being threatened by a breakdown of discipline at the school, (b) the governing body have failed to comply, or secure compliance, with the notice to the authority's satisfaction within the compliance period, and (c) the authority have given reasonable notice in writing to the governing body that they propose to exercise their powers under subsection (1) of this section (whether or not in conjunction with exercising their powers under any one or more of sections 63 to 66 of the 2006 Act); and a notice under paragraph (c) of this subsection may be combined with a notice under section 60(2) of the 2006 Act. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) Steps taken by a local authority under subsection (1) may include the giving of any direction to the governing body or head teacher. (5) In this section “maintained school” includes a maintained nursery school.

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63 School attendance targets.

(1) Regulations may make provision for and in connection with— (a) requiring, or (b) enabling the Secretary of State to require, governing bodies of maintained schools to secure that annual targets are set for reducing the level of ... absences on the part of relevant day pupils at their schools. (2) Regulations under this section may, in particular, make provision— (a) for the Secretary of State to impose such a requirement on the governing body of a maintained school where— (i) the specified condition is for the time being satisfied in relation to the school, and (ii) he considers it appropriate to impose the requirement; (b) for such a requirement to be imposed by the Secretary of State in such manner, and for such period, as may be specified in or determined in accordance with the regulations; (c) for the Secretary of State, where he considers it appropriate to do so, to exempt the governing body of a maintained school, in relation to any school year, from a requirement imposed by virtue of subsection (1)(a) or (b). (3) For the purposes of subsection (2)(a)(i) the specified condition is for the time being satisfied in relation to a maintained school if in the previous school year the level of ... absences on the part of relevant day pupils at the school (as determined in accordance with the regulations) exceeded such level as may for that year be specified in or determined in accordance with the regulations. (3A) Provision made by regulations under this section may relate to— (a) absences which are authorised pursuant to regulations under section 434 of the Education Act 1996, or (b) absences which are not so authorised, or (c) both. (4) In this section— “relevant day pupil” means a pupil registered at a maintained school who is of compulsory school age and is not a boarder; ...

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64 Power of head teacher to exclude pupils.

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65 Exclusion of pupils: duty to inform parents, etc.

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66 Functions of governing body in relation to excluded pupils.

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67 Appeals against exclusion of pupils.

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68 Exclusion of pupils: guidance.

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68A Designation of schools with a religious character: Wales

(1) For the purposes of this Part and the Curriculum and Assessment (Wales) Act 2021 a foundation or voluntary school in Wales has a religious character if it is designated as a school having such a character by an order made by the Welsh Ministers. (2) An order under subsection (1) must state the religion or religious denomination in accordance with whose tenets provision in the school’s curriculum in respect of Religion, Values and Ethics is, or may be, required to be designed and implemented under the Curriculum and Assessment (Wales) Act 2021 (or, as the case may be, each such religion or religious denomination). (3) The procedure to be followed in connection with— (a) the designation of a school in an order under subsection (1), and (b) the statement required by subsection (2), may be specified in regulations made by the Welsh Ministers. (4) Any order made under section 69(3) in respect of a foundation or voluntary school in Wales that has effect immediately before the coming into force of this section continues to have effect until revoked. (5) Where an order continues to have effect under subsection (4)— (a) the order is to be treated for all purposes as being an order made under this section, (b) the school designated by the order is to be treated for all purposes as being designated under this section, and (c) any references in the order to religious education are to be treated as being references to Religion, Values and Ethics.

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69 Duty to secure due provision of religious education : England.

(1) Subject to section 71, in relation to any community, foundation or voluntary school in England— (a) the local authority and the governing body shall exercise their functions with a view to securing, and (b) the head teacher shall secure, that religious education is given in accordance with the provision for such education included in the school’s basic curriculum by virtue of section 80(1)(a) ... of the Education Act 2002. (2) Schedule 19 has effect for determining the provision for religious education which is required by section 80(1)(a) ... of that Act to be included in the basic curriculum of schools within each of the following categories, namely— (a) community schools and foundation and voluntary schools in England which do not have a religious character, (b) foundation and voluntary controlled schools in England which have a religious character, and (c) voluntary aided schools in England which have a religious character. (3) For the purposes of this Part a foundation or voluntary school in England has a religious character if it is designated as a school having such a character by an order made by the Secretary of State. (4) An order under subsection (3) shall state, in relation to each school designated by the order, the religion or religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 (or, as the case may be, each such religion or religious denomination). (5) The procedure to be followed in connection with— (a) the designation of a school in an order under subsection (3), and (b) the inclusion in such an order, in relation to a school, of the statement required by subsection (4), shall be specified in regulations.

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70 Requirements relating to collective worship.

(1) Subject to section 71, each pupil in attendance at a community, foundation or voluntary school shall on each school day take part in an act of collective worship. (2) Subject to section 71, in relation to any community, foundation or voluntary school— (a) the local authority and the governing body shall exercise their functions with a view to securing, and (b) the head teacher shall secure, that subsection (1) is complied with. (3) Schedule 20 makes further provision with respect to the collective worship required by this section, including provision relating to— (a) the arrangements which are to be made in connection with such worship, and (b) the nature of such worship.

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71 Exceptions and special arrangements; provision for special schools.

(1) If the parent of a pupil at a community, foundation or voluntary school in England requests that he may be wholly or partly excused from receiving religious education given at the school in accordance with the school's basic curriculum, the pupil shall be so excused until the request is withdrawn. (1A) If the parent of any pupil at a community, foundation or voluntary school other than a sixth-form pupil requests that he may be wholly or partly excused from attendance at religious worship at the school, the pupil shall be so excused until the request is withdrawn. (1B) If a sixth-form pupil requests that he may be wholly or partly excused from attendance at religious worship at a community, foundation or voluntary school, the pupil shall be so excused. (2) In subsections (1) to (1B)— (a) the reference to religious education given in accordance with the school’s basic curriculum is to such education given in accordance with the provision included in the school’s basic curriculum by virtue of section 80(1)(a) ... of the Education Act 2002, and (b) the reference to religious worship in the school includes religious worship which by virtue of paragraph 2(6) of Schedule 20 takes place otherwise than on the school premises. (3) Where in accordance with subsection (1) or (1A) a pupil has been wholly or partly excused from receiving religious education or from attendance at religious worship and the local authority are satisfied— (a) that the parent of the pupil desires him to receive religious education of a kind which is not provided in the school during the periods of time during which he is so excused, (b) that the pupil cannot with reasonable convenience be sent to another community, foundation or voluntary school where religious education of the kind desired by the parent is provided, and (c) that arrangements have been made for him to receive religious education of that kind during school hours elsewhere, the pupil may be withdrawn from the school during such periods of time as are reasonably necessary for the purpose of enabling him to receive religious education in accordance with the arrangements. (4) A pupil may not be withdrawn from school under subsection (3) unless the local authority are satisfied that the arrangements there mentioned are such as will not interfere with the attendance of the pupil at school on any day except at the beginning or end of a school session (or, if there is only one, the school session) on that day. (5) Where the parent of a pupil who is a boarder at a community, foundation or voluntary school and is not a sixth-form pupil requests that the pupil be permitted— (a) to receive religious education in accordance with the tenets of a particular religion or religious denomination outside school hours, or (b) to attend worship in accordance with such tenets on Sundays or other days exclusively set apart for religious observance by the religious body to which his parent belongs, the governing body shall make arrangements for giving the pupil reasonable opportunities for doing so. (5A) Where a sixth-form pupil who is a boarder at a community, foundation or voluntary school requests that he be permitted— (a) to receive religious education in accordance with the tenets of a particular religion or religious denomination outside school hours, or (b) to attend worship in accordance with such tenets on Sundays or other days exclusively set apart for religious observance by the religious body to which the pupil belongs, the governing body shall make arrangements for giving the pupil reasonable opportunities for doing so. (6) Arrangements under subsection (5) or (5A) may provide for making facilities for such education or worship available on the school premises, but any expenditure entailed by the arrangements shall not be met from the school’s budget share or otherwise by the local authority. (7) Regulations shall make provision for ensuring that, so far as practicable, every pupil attending a community or foundation special school in England— (a) receives religious education unless withdrawn from receiving such education in accordance with the wishes of his parent, and (b) attends religious worship unless withdrawn from attendance at such worship— (i) in the case of a sixth-form pupil, in accordance with his own wishes, and (ii) in any other case, in accordance with the wishes of his parent. (7A) Regulations made by the Welsh Ministers shall make provision for ensuring that, so far as practicable, every pupil attending a community or foundation special school in Wales attends religious worship unless withdrawn from attendance at such worship— (a) in the case of a sixth-form pupil, in accordance with the pupil’s own wishes, and (b) in any other case, in accordance with the wishes of the pupil’s parent. (8) In this section “sixth-form pupil” means any pupil who— (a) has ceased to be of compulsory school age, and (b) is receiving education suitable to the requirements of pupils over compulsory school age.

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72 Further provisions relating to new schools.

(1) Regulations may make provision for— (a) the staffing and conduct of a new school in advance of the school opening date; (b) the determination of matters in connection with a new school in advance of that date; (c) the taking of decisions by a temporary governing body, or (where power to do so is delegated to him) by the head teacher, as to expenditure in connection with a new school at a time when it does not have a delegated budget; (d) such other matters relating to new schools as the Secretary of State considers appropriate. (2) Regulations under subsection (1) may, in connection with any matters falling within that subsection, apply any provision of the Education Acts with or without modification. (3) In this section “new school” means a school or proposed school— (a) for which there is a temporary governing body constituted under section 34 of the Education Act 2002, or (b) for which there is no such body but for which such a body— (i) are required to be so constituted by virtue of subsection (1) of that section, or (ii) may be so constituted in accordance with such anticipatory arrangements as are mentioned in subsection (5)(a) of that section.

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73 Transfer of staff on appointed day.

(1) Subsections (5) to (7) below (“the staff transfer provisions”) apply where on the appointed day— (a) a special agreement school becomes a voluntary aided school, or (b) a grant-maintained school becomes a community or voluntary controlled school, or (c) a grant-maintained special school becomes a community special school, in accordance with Schedule 2. (2) Subject to subsection (3), the staff transfer provisions apply in the circumstances mentioned in subsection (1) to any person who immediately before the appointed day— (a) is employed by the local authority to work solely at an existing school within subsection (1)(a), or (b) is employed by the local authority to work at such an existing school and is designated for the purposes of this subsection by an order made by the Secretary of State, or (c) is employed by the governing body of an existing school within subsection (1)(b) or (c). (3) The staff transfer provisions do not apply— (a) to any person employed as mentioned in subsection (2) whose contract of employment terminates on the day immediately preceding the appointed day; or (b) to any person employed as mentioned in subsection (2)(a) or (b) who before that day— (i) has been appointed or assigned by the local authority to work solely at another school as from that day, or (ii) has been withdrawn from work at the school with effect from that day. (4) A person who before the appointed day has been appointed or assigned by— (a) the local authority, or (b) the governing body of an existing school within subsection (1)(b) or (c), to work at a school, or (as the case may be) at the existing school, as from that day shall be treated for the purposes of this section as if he had been employed by the authority or governing body immediately before that day to do such work at the school as he would have been required to do on or after that day under his contract of employment with the authority or that body. (5) The contract of employment between a person to whom the staff transfer provisions apply and his former employer shall have effect from the appointed day as if originally made between him and his new employer. (6) Without prejudice to subsection (5)— (a) all the former employer’s rights, powers, duties and liabilities under or in connection with the contract of employment shall by virtue of this section be transferred to the new employer on the appointed day, and (b) anything done before that date by or in relation to the former employer in respect of that contract or the employee shall be deemed from that day to have been done by or in relation to the new employer. (7) Subsections (5) and (6) are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by this section. (8) In this section— “existing school” means a school which becomes a school of a different category on the appointed day as mentioned in subsection (1), and “new school” means the school of a different category which an existing school then becomes; “the former employer” and “the new employer”— where the staff transfer provisions apply by virtue of subsection (2)(a) or (b), means the local authority and the governing body of the new school respectively, and where the staff transfer provisions apply by virtue of subsection (2)(c), means the governing body of the existing school and the local authority respectively; and references to a special agreement, grant-maintained or grant-maintained special school are references to such a school within the meaning of the Education Act 1996. (9) A person employed by a local authority in connection with the provision of meals shall not be regarded for the purposes of subsection (2)(a) as employed to work solely at a school unless the meals are provided solely for consumption by persons at the school. (10) An order under this section may designate a person either individually or as a member of a class or description of employees.

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74 Transfer of land on appointed day.

Schedule 21 (which makes provision for transfers of land and certain rights and liabilities on the appointed day in respect of schools which become community, foundation, voluntary or community special schools on that day) shall have effect.

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75 Transfer of land by governing body to trustees.

(1) Where a building is to be provided for a foundation or voluntary school and the building— (a) is to form part of the school premises, and (b) is to be constructed partly on land held by the governing body and partly on land held on trust for the purposes of the school by persons other than the governing body, the governing body shall transfer to those persons the land held by the governing body on which the building is to be constructed. (2) Paragraph A1 or 1 of Schedule 22 does not apply to any transfer required by subsection (1).

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76 Disposals of land in case of certain schools and disposals on discontinuance.

Schedule 22 (which makes provision as to the disposal of land held for the purposes of foundation, voluntary or foundation special schools and as to the property of maintained schools on their discontinuance) shall have effect.

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77 Control of disposals or changes in use of school playing fields.

(1) Subject to subsections (2A) and (2B), except with the consent of the Secretary of State, a body or trustees to whom this subsection applies shall not dispose of any playing fields— (a) which are, immediately before the date of the disposal, used by a maintained school for the purposes of the school, or (b) which are not then so used but have been so used at any time within the period of 10 years ending with that date. (2) Subsection (1) applies to— (a) a local authority; (b) the governing body of a maintained school; (c) a foundation body; (d) the trustees of a foundation, voluntary or foundation special school. (2A) Subsection (1) applies in the case of a disposal by the trustees of a foundation, voluntary or foundation special school, only if the disposal is of land falling within paragraph A13(1), (2) or (3) of Schedule 22. (2B) Subsection (1) does not apply— (a) to a disposal in pursuance of a transfer order under paragraph A23 of that Schedule, ... (b) to a disposal to which paragraph 5 or 6 of Schedule 22 (disposals on discontinuance) applies or (c) to a disposal in pursuance of— (i) a transfer scheme under paragraph 1 or 2 of Schedule 1 to the Academies Act 2010 (transfer to person concerned with running of Academy), or (ii) a direction under paragraph 10 of Schedule 1 to that Act (direction to transfer to local authority or person concerned with running of Academy school, where Academy order made). (3) Subject to subsection (4A), except with the consent of the Secretary of State, a body or trustees to whom subsection (1) applies shall not take any action (other than the making of a disposal which falls within subsection (1) or is excluded from that subsection by subsection (2B)(a), (b) or (c)) which is intended or likely to result in a change of use of any playing fields— (a) which are, immediately before the date when the action is taken, used by a maintained school for the purposes of the school, or (b) which are not then so used but have been so used at any time within the period of 10 years ending with that date, whereby the playing fields will be used for purposes which do not consist of or include their use as playing fields by such a school for the purposes of the school , or by an Academy school for the purposes of the Academy school. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4A) Subsection (3) applies in relation to the trustees of a foundation, voluntary or foundation special school only if the playing fields in question are land falling within paragraph A13(1), (2) or (3) of Schedule 22. (4B) On receiving an application for consent under subsection (1) or (3), the Secretary of State may direct that the playing fields, or any part of them, be transferred to a person concerned with the running of an Academy school, subject to the payment by that person or the Secretary of State of such sum by way of consideration (if any) as the Secretary of State determines to be appropriate. (5) For the purposes of this section the Secretary of State’s consent may be given in relation to a particular disposal or change of use or generally in relation to disposals or changes of use of a particular description, and in either case may be given subject to conditions. (6) This section has effect despite anything in section 123 or 127 of the Local Government Act 1972 (general power to dispose of land) or in any other enactment; and any consent which a local authority are required to obtain by virtue of this section shall be in addition to any consent required by virtue of either of those sections. (7) In this section— “local authority” includes— a non-metropolitan district council for an area for which there is a county council, and a parish council; “maintained school” includes a maintained nursery school; “playing fields” means land in the open air which is provided for the purposes of physical education or recreation, other than any prescribed description of such land. (8) For the purposes of this section any reference to a maintained school includes, in relation to any time falling before the appointed day, a reference to the school as— (a) a county, voluntary or maintained special school, or (b) a grant-maintained or grant-maintained special school, within the meaning of the Education Act 1996. (9) Nothing in this section applies in relation to Wales.

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78 Rating of maintained schools.

For the purposes of Part III of the Local Government Finance Act 1988 (non-domestic rating) the occupier of any hereditament so far as consisting of the premises of a maintained school shall be taken to be— (a) the local authority, where it is a community, voluntary controlled or community special school; or (b) the governing body, where it is a foundation, voluntary aided or foundation special school.

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79 Stamp duty.

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79A Stamp duty land tax

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80 Provision of further education.

(1) The governing body of any maintained school shall be responsible for determining whether or not to provide— (a) part-time education suitable to the requirements of persons of any age over compulsory school age; or (b) full-time education suitable to the requirements of persons who have attained the age of 19; but the governing body of a community or foundation special school shall not determine to provide, or to cease to provide, such education without the consent of the local authority. (2) It shall be the duty of the governing body of any such school which provides such education to secure that, except in such circumstances as may be prescribed, such education is not provided at any time in a room where pupils are at that time being taught. (3) This section shall not apply to part-time education provided under a partnership arrangement to which section 60A of the Further and Higher Education Act 1992 (as inserted by section 125(4) of this Act) applies.

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81 Application of employment law during financial delegation.

(1) The Secretary of State may by order make such modifications in any enactment relating to employment, and in particular in any enactment— (a) conferring powers or imposing duties on employers, (b) conferring rights on employees, or (c) otherwise regulating the relations between employers and employees, as he considers necessary or expedient in consequence of the operation of sections 35 to 37 of the Education Act 2002 or of regulations under those sections. (2) Before making any order under this section the Secretary of State shall consult— (a) such associations of local authorities, (b) such bodies representing the interests of governors of foundation or voluntary schools, and (c) such organisations representing staff in maintained schools, as appear to him to be concerned.

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82 Modification of trust deeds.

(1) The Secretary of State may by order make such modifications of any trust deed or other instrument relating to— (a) a school which is or is to become a foundation, voluntary or foundation special school, or (b) property held on trust for the purposes of such a school, as appear to him to be necessary or expedient in connection with the operation of any provision of this Act , the Learning and Skills Act 2000 , the Education Act 2002 , the Education and Inspections Act 2006 , the Academies Act 2010 , the School Standards and Organisation (Wales) Act 2013 or the Tertiary Education and Research (Wales) Act 2022 or anything done under or for the purposes of any such provision. (2) Before making an order under this section the Secretary of State shall consult— (a) the governing body of the school in question; (b) any trustees holding property on trust for the purposes of the school; (c) in the case of a Church of England, Church in Wales or Roman Catholic Church school, the appropriate diocesan authority; and (d) such other persons as he considers appropriate. (3) Any modification made by an order under this section may be made so as to have permanent effect or to have effect for such period as is specified in the order.

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83 Modification of provisions making governors of foundation or voluntary school ex officio trustees.

(1) Where any provision of a trust deed or other instrument made before 1st July 1981 would, apart from this subsection, have the effect that the persons who are for the time being governors of a foundation or voluntary school were by virtue of their office trustees of any property held for the purposes of, or in connection with, the school, that provision shall instead have effect as if the only governors of the school were— (a) the foundation governors, (b) those appointed by the local authority, and (c) any co-opted governor nominated by a minor authority. (2) Subsection (1) is without prejudice to any power to amend any such provision as is mentioned in that subsection.

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84 Code for school admissions.

(1) The Secretary of State shall issue, and may from time to time revise, a code for school admissions containing such provision as he thinks appropriate in respect of the discharge by— (a) local authorities, (b) the governing bodies of maintained schools, (ba) admission forums, (c) appeal panels, and (d) adjudicators, of their respective functions under this Chapter. (2) The code may impose requirements, and may include guidelines setting out aims, objectives and other matters, in relation to the discharge of their functions under this Chapter by local authorities and such governing bodies. (3) It shall be the duty of— (a) each of the bodies and persons mentioned in subsection (1) when exercising functions under this Chapter, and (b) any other person when exercising any function for the purposes of the discharge by a local authority, or the governing body of a maintained school, of functions under this Chapter, to act in accordance with any relevant provisions of the code. (4) The Secretary of State shall publish the code as for the time being in force. (5) The Secretary of State may under subsection (1)— (a) make separate provision (by means of separate codes ...) in relation to different functions under this Chapter of the bodies and persons mentioned in that subsection; (b) make different provision for England and for Wales (whether or not by means of separate codes ...); and references in this section to “the code” or to functions under this Chapter shall have effect, in relation to any such separate code ..., as references to that code or to functions under this Chapter to which it relates (as the case may be). (6) In this Chapter— “admission arrangements” and “the admission authority” have the meaning given by section 88; “admission forum” means a forum established under section 85A, including a joint admission forum established in pursuance of regulations under subsection (3)(c) of that section; “appeal panel” means a panel constituted in accordance with regulations under section 94(5) or 95(3) for the purpose of hearing an appeal under this Chapter; “child” includes a person who has not attained the age of 19, except in sections 96 and 97 in so far as those sections apply in relation to Wales; “maintained school” means a community, foundation or voluntary school; ... (7) In this Chapter, references to a child who is looked after by a local authority are to be read— (a) in relation to a local authority in England, in accordance with section 22 of the Children Act 1989; (b) in relation to a local authority in Wales, in accordance with section 74 of the Social Services and Well-being (Wales) Act 2014.

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85 Making and approval of code for school admissions.

(1) Where the Secretary of State proposes to issue or revise a code ... under section 84, he shall prepare a draft of the code (or revised code). (2) The Secretary of State shall consult such persons about the draft as he thinks fit and shall consider any representations made by them. (3) If he determines to proceed with the draft (either in its original form or with such modifications as he thinks fit) he shall lay a copy of the draft before each House of Parliament. (4) If, within the 40-day period, either House resolves not to approve the draft, the Secretary of State shall take no further steps in relation to the proposed code. (5) If no such resolution is made within the 40-day period, the Secretary of State shall issue the code (or revised code) in the form of the draft, and it shall come into force on such date as the Secretary of State may by order appoint. (6) Subsection (4) does not prevent a new draft of a proposed code from being laid before Parliament. (7) In this section “40-day period”, in relation to the draft of a proposed code, means— (a) if the draft is laid before one House on a day later than the day on which it is laid before the other House, the period of 40 days beginning with the later of the two days, and (b) in any other case, the period of 40 days beginning with the day on which the draft is laid before each House, no account being taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days. (7A) In the case of a code issued or revised by the Welsh Ministers, subsection (7) (as modified by paragraph 33 of Schedule 11 to the Government of Wales Act 2006) has effect as if the reference to any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days were to any period during which the National Assembly for Wales is dissolved or is in recess for more than four days. (8) In this section references to a proposed code include a proposed revised code.

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85ZA Co-operation in discharging functions under this Part (England)

(1) A local authority in England and the governing body of a maintained school in England must co-operate in the exercise of their respective functions under or by virtue of this Part. (2) A local authority in England and the proprietor of an Academy school must co-operate in the exercise of their respective functions under or by virtue of this Part. (3) Where Academy arrangements require the proprietor of an Academy school to act as if a provision of this Part applied to the school, the provision is to be taken so to apply for the purposes of subsection (2).

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85A Admission forums

(1) A local authority in Wales shall in accordance with regulations establish for their area a body, to be known as an admission forum, for the purpose of— (a) advising the authority on such matters connected with the exercise of the authority’s functions under this Chapter as may be prescribed, and (b) advising the admission authorities for maintained schools in the area for which the forum is established on— (i) such matters connected with the determination of admission arrangements, and (ii) such other matters connected with the admission of pupils, as may be prescribed , ... (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) The authority may establish sub-committees of the forum. (3) Regulations may make provision— (a) as to the constitution, meetings and proceedings of an admission forum and of any such sub-committee, (b) as to the manner in which advice is to be given by a forum, ... (ba) ... and (c) as to the establishment by local authorities of joint admission forums. (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The bodies mentioned in paragraphs (a) and (b) of subsection (1) shall have regard, in carrying out their functions, to any relevant advice given to them by an admission forum under that subsection. (5) The local authority shall make arrangements for the forum (and any sub-committee established under subsection (2)) to be provided with accommodation and with such services as the authority consider appropriate. (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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85B Functions of admission forums in relation to Academies

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86 Parental preferences.

(1) A local authority shall make arrangements for enabling the parent of a child in the area of the authority— (a) to express a preference as to the school at which he wishes education to be provided for his child in the exercise of the authority’s functions, and (b) to give reasons for his preference. (1ZA) Subsection (1) does not apply in relation to— (a) sixth form education, or (b) any other education to be provided for a child who— (i) has ceased to be of compulsory school age, or (ii) will have ceased to be of compulsory school age before the education is provided for him. (1A) A local authority in England shall provide advice and assistance to parents of children in the area of the authority in connection with the preferences expressed or to be expressed by them in accordance with the arrangements made under subsection (1). (2) Subject to subsection (3) and section 87 (children excluded from two or more schools), the admission authority for a maintained school shall comply with any preference expressed in accordance with arrangements made under subsection (1). (2A) Arrangements made under subsection (1) may allow the parent of a child to express preferences for more than one school; but nothing in this section requires the admission authority for a maintained school for which a child’s parent has expressed a preference to offer the child admission to the school if, in accordance with a scheme adopted or made by virtue of section 89B, the child is offered admission to a different school for which the parent has also expressed a preference. (3) The duty imposed by subsection (2) does not apply— (a) if compliance with the preference would prejudice the provision of efficient education or the efficient use of resources; or (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) if the arrangements for admission to the preferred school— (i) are wholly based on selection by reference to ability or aptitude, and (ii) are so based with a view to admitting only pupils with high ability or with aptitude, and compliance with the preference would be incompatible with selection under those arrangements. (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) For the purposes of subsection (3)(a) prejudice of the kind referred to in that provision may arise by reason of measures required to be taken in order to ensure compliance with the duty imposed by section 1(6) (duty of local authority and governing body to comply with limit on infant class sizes). (5) No prejudice shall be taken to arise for the purposes of subsection (3)(a) from the admission to a maintained school in a school year of a number of pupils in a relevant age group which does not exceed the number determined under section 88C or 89 as the number of pupils in that age group that it is intended to admit to the school in that year; but this subsection does not apply if the conditions set out in subsection (5A) are met in relation to the school and the school year. (5A) Those conditions are— (a) that the school is one at which boarding accommodation is provided for pupils; and (b) that the determination under section 88C or 89 by the admission authority of the admission arrangements which are to apply for that year includes the determinations mentioned in section 88D(2)(a) and (b) or 89A(2)(a) and (b). (5B) Where the conditions set out in subsection (5A) are met in relation to a maintained school and a school year, no prejudice shall be taken to arise for the purposes of subsection (3)(a) from either of the following— (a) the admission to the school in that year as boarders of a number of pupils in a relevant age group which does not exceed the number determined under section 88C or 89 as the number of pupils in that age group that it is intended to admit to the school in that year as boarders; (b) the admission to the school in that year otherwise than as boarders of a number of pupils in a relevant age group which does not exceed the number determined under section 88C or 89 as the number of pupils in that age group that it is intended to admit to the school in that year otherwise than as boarders. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) Where the arrangements for the admission of pupils to a maintained school provide for applications for admission to be made to (or to a person acting on behalf of) the governing body of the school, a parent who makes such an application shall be regarded for the purposes of this section as having expressed a preference for that school in accordance with arrangements made under subsection (1). (8) The duty imposed by subsection (2) in relation to a preference expressed in accordance with arrangements made under subsection (1) shall apply also in relation to— (a) any application for the admission to a maintained school of a child who is not in the area of the authority maintaining the school, and (b) any application made by a parent as mentioned in section 438(4) or 440(2) of the Education Act 1996 (application for a particular school to be named in a school attendance order); and references in subsection (3) to a preference and a preferred school shall be construed accordingly. (9) Where admission arrangements for a school , ..., provide for all pupils selected under the arrangements to be selected by reference to ability or aptitude, those arrangements shall be taken for the purposes of this section to be wholly based on selection by reference to ability or aptitude, whether or not they also provide for the use of additional criteria in circumstances where the number of children in a relevant age group who are assessed to be of the requisite ability or aptitude is greater than the number of pupils which it is intended to admit to the school in that age group.

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86A Preferences relating to sixth-form education: local authority arrangements

(1) A local authority shall make arrangements for enabling— (a) a child in the authority's area to express a preference as to the school at which he wishes sixth form education to be provided for him in the exercise of the authority's functions, (b) a parent of such a child to express a preference as to the school at which he wishes sixth form education to be so provided for his child, (c) a relevant child to express a preference as to the school at which he wishes education other than sixth form education to be provided for him in the exercise of the authority's functions, and (d) a parent of such a child to express a preference as to the school at which he wishes such education to be so provided for his child, and, in each case, for enabling the person expressing the preference to give reasons for his preference. (2) In subsection (1), “relevant child”, in relation to a local authority and any education, means a child in the authority's area who— (a) has ceased to be of compulsory school age, or (b) will have ceased to be of compulsory school age before the education in question is provided for him. (3) Arrangements made under subsection (1) shall allow— (a) a person who is to be able to express a preference under any of paragraphs (a) to (d) of that subsection to express preferences for more than one school; (b) preferences to be expressed, in relation to a child, by both the child and a parent of his. (4) Where— (a) the arrangements for the admission of pupils to a maintained school provide for applications for admission to be made to (or to a person acting on behalf of) the governing body of the school, and (b) a child (whether or not in the area of the authority maintaining the school) or his parent makes such an application, that person shall be regarded for the purposes of this Chapter as having expressed a preference for that school in accordance with arrangements made under subsection (1).

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86B Duty in relation to preferences expressed under section 86A: admission authorities of maintained schools

(1) Subject to subsections (2) and (4) and section 87, the admission authority for a maintained school shall comply with any preference expressed in accordance with arrangements made under section 86A(1). (2) The duty imposed by subsection (1) does not apply if compliance with the preference would prejudice the provision of efficient education or the efficient use of resources. (3) Subsections (5) to (5B) of section 86 apply for the purpose of determining whether any prejudice should be taken to arise for the purposes of subsection (2), but with the substitution of references to that subsection for references to subsection (3)(a) of section 86. (4) The duty imposed by subsection (1) does not apply in a case where a preference is expressed in relation to sixth form education if— (a) the relevant selection arrangements for the preferred school are wholly based on selection by reference to ability or aptitude, and (b) compliance with the preference would be incompatible with selection under those arrangements. (5) Where the relevant selection arrangements for a school provide for all pupils selected under the arrangements to be selected by reference to ability or aptitude, those arrangements shall be taken for the purposes of subsection (4)(a) to be wholly based on selection by reference to ability or aptitude whether or not they also provide for the use of additional criteria in circumstances where the number of children in a relevant age group who are assessed to be of the requisite ability or aptitude is greater than the number of pupils which it is intended to admit to the school in that age group. (6) In this section “the relevant selection arrangements”, in relation to a school, means— (a) the arrangements for admission to the school for sixth form education, or (b) those arrangements and the arrangements for entry to the sixth form of children who have been admitted to the school.

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87 No requirement to admit children permanently excluded from two or more schools.

(1) The duties imposed by section 86(2) and section 86B(1) do not apply in the case of a child to whom subsection (2) below applies. (2) Where a child has been permanently excluded from two or more schools, this subsection applies to him during the period of two years beginning with the date on which the latest of those exclusions took effect. (3) Subsection (2) applies to a child whatever the length of the period or periods elapsing between those exclusions and regardless of whether it has applied to him on a previous occasion. (3A) A child who has been permanently excluded from a school in England shall not be treated for the purposes of this section as having been so excluded if any of the following applies— (a) the child was reinstated as a pupil at the school following a direction from the responsible body— (i) in accordance with regulations under subsection (3)(b) of section 51A of the Education Act 2002; (ii) following a recommendation from the review panel that the responsible body reconsiders the matter under subsection (4)(b) of that section; (b) the child would have been reinstated as a pupil at the school following a direction from the responsible body as described in paragraph (a)(i) or (ii), if it had been practical for the responsible body to give such a direction; (c) the review panel has quashed a decision of the responsible body not to reinstate the child as a pupil at the school under subsection (4)(c) of section 51A of the Education Act 2002; (d) the child was so excluded at a time when the child had not attained compulsory school age. (3B) In subsection (3A) “the responsible body” has the same meaning as in section 51A of the Education Act 2002. (4) ... A child who has been permanently excluded from a school in Wales shall not be treated for the purposes of this section as having been so excluded if— (a) he was reinstated as a pupil at the school following the giving of a direction to that effect by the relevant authority in accordance with regulations under subsection (3)(b) or (c) of section 52 of the Education Act 2002, (b) on a review of his exclusion carried out in accordance with regulations under subsection (3)(b) of that section or an appeal made pursuant to regulations under subsection (3)(c) of that section, the relevant authority decided— (i) that it would not be practical to give a direction requiring his reinstatement as a pupil at the school, but (ii) that it would otherwise have been appropriate to give such a direction, or (c) he was so excluded at a time when he had not attained compulsory school age. (4A) In subsection (4) “the relevant authority” means— (a) the responsible body as defined by subsection (5) of section 52 of the Education Act 2002, or (b) a panel constituted in accordance with regulations under subsection (3)(c) of that section. (5) In this section “school” means— (a) in relation to any time before or after the appointed day, a school maintained by a local authority; or (b) in relation to any time before the appointed day, a grant-maintained or grant-maintained special school within the meaning of the Education Act 1996. (6) For the purposes of this section the permanent exclusion of a child from a school shall be regarded as having taken effect on the school day as from which the head teacher decided that he should be permanently excluded. (7) Nothing in this section applies to a child unless at least one of the two or more exclusions mentioned in subsection (2) took effect on or after 1st September 1997.

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