Education Act 1996

July 23, 1996 Royaume-Uni legal_document

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S. 317 wholly in force; s. 317(1)-(5)(7) in force at 1.11.1996 see s. 583(3)(5); s. 317(6) in force at 1.1.1997 by S.I. 1996/2904, art. 2

S. 582 wholly in force at 1.9.1997; s. 582(1) in force at 1.11.1996 so far as relating to Sch. 37 Pt. I; s. 582(2) in force at 1.11.1996 so far as relating to Sch. 38 Pts. I, III; s. 582(3)(4) in force at 1.11.1996 see s. 583(2); S. 582(1) in force at 1.9.1997 so far as relating to Sch. 37 Pt. II and s. 583(2) in force at 1.9.1997 so far as relating to Sch. 38 Pt. II by S.I. 1997/1623, art. 2(2)

S. 342: With effect from 1.9.1999 s. 342 became subsumed by new cross-heading "Approval of non-maintained special schools". Versions of this provision as it stood at any time before that date cannot be accessed directly by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 1.9.1999 or navigate via the Chapter II heading.

S. 343: With effect from 1.9.1999, a new cross-heading "Approval of non-maintained special schools" was inserted before s. 342. Versions ofs. 343 as it stood at any time before that date cannot now be accessed directly by navigation from this version. To view those versions, it is recommended that users either conduct an 'advanced search' specifying an 'as at' date earlier than 1.9.1999 or navigate via the Chapter II heading.

S. 569 extends to Scotland so far as relating to regulations under s. 493 see s. 583(7).

Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 7(3) (with Sch. 2 para. 7(4)(5))

S. 1(2)(b) and preceding word repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 58, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

Words in s. 1(3) substituted (28.7.2000 for certain purposes otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154(5), Sch. 9 para. 51 (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

S. 2(1) substituted (1.10.2002 for E., 31.3.2004 for W.) by Education Act 2002 (c. 32), ss. 156(2), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/912, art. 4, Sch. Pt. 1

S. 2(2A)(2B) inserted (1.9.2000 for E. for certain purposes and 1.4.2001 otherwise for E.W.) by 2000 c. 21, s. 110(1) (with s. 150); S.I. 2000/2114, art. 2(3), Sch. Pt. III; S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I (with art. 3)

Words in s. 2(2A)(a) inserted (26.7.2002) by Education Act 2002 (c. 32), ss. 65(3), 216(2), Sch. 7 para. 6(2) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2

Words in s. 2(2B)(b) inserted (1.10.2002 for E., 1.8.2004 for W.) by Education Act 2002 (c. 32), ss. 177(2)(a), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/912, art. 5, Sch. Pt. 2

Words in s. 2(2B) inserted (1.10.2002 for E., 1.8.2004 for W.) by Education Act 2002 (c. 32), ss. 177(2)(b), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/912, art. 5, Sch. Pt. 2

Words in s. 2(3)(a) repealed (1.10.2002 for E., 1.8.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/912, art. 5, Sch. Pt. 2

Words in s. 2(4) inserted (1.10.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 33 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1

S. 2(6A) inserted (1.10.2002 for E., 1.8.2004 for W.) by Education Act 2002 (c. 32), ss. 177(3), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/912, art. 5, Sch. Pt. 2

Words in s. 3(1) inserted (1.9.1997) by 1997 c. 44, s. 57(1), Sch. 7 para. 9(2); S.I. 1997/1468, art. 2, Sch. 1 Pt. II

S. 3(1A) inserted (2.9.2002 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 34(2) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2003/1718, art. 5, Sch. Pt. II

Words in s. 3(3) substituted (2.9.2002 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 34(3) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2003/1718, art. 5, Sch. Pt. II

S. 4(1) substituted (1.9.1997) by 1997 c. 44, s. 51; S.I. 1997/1468, art. 2, Sch. 1 Pt. II

Words in s. 4(1) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 95(2), 109(2); S.I. 2008/2261, art. 2 (with Sch. 1)

Words in s. 4(1) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(2)(a); S.I. 2012/924, art. 2

Word in s. 4(1) inserted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 7(2)(a)

Words in s. 4(1) repealed (1.10.2002 for E., 31.3.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/912, art. 4, Sch. Pt. 1

S. 4(1A) inserted (1.9.2008) by Childcare Act 2006 (c. 21), ss. 95(3), 109(2); S.I. 2008/2261, art. 2 (with Sch. 1)

S. 4(1B)(1C) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(2)(b); S.I. 2012/924, art. 2

Words in s. 4(2) substituted (1.9.1998) by 1997 c. 44, s. 57(1), Sch. 7 para. 10(a); S.I. 1998/386, art.2, Sch. 1 Pt. IV

Words in s. 4(2) repealed (1.9.1998) by 1997 c. 44, s. 57(1)(4), Sch. 7 para. 10(b), Sch. 8; S.I. 1998/386, art. 2, Sch. 1 Pt. IV

S. 4(3)(c) and word inserted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 97 (with art. 2(3))

S. 4(4) substituted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 7(2)(b)

Words in s. 5(1) repealed (1.10.2002 for E., 31.3.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/912, art. 4, Sch. Pt. 1

S. 5(3)(3A) substituted for s. 5(3) (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 7(2); S.I. 2007/935, art. 7(o)

Words in s. 5(3A)(b) renumbered as s. 5(3A)(b)(i) (1.10.2013) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 17(2)(a); S.I. 2013/1800, art. 3(j)

S. 5(3A)(b)(ii) and word inserted (1.10.2013) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 17(2)(b); S.I. 2013/1800, art. 3(j)

Words in s. 5(5) substituted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 1(3); S.I. 2006/2129, art. 4

Words in s. 6 title omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 2(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 6(1) inserted (1.10.2002 for E., 31.3.2004 for W.) by Education Act 2002 (c. 32), ss. 156(1), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/912, art. 4, Sch. Pt. 1

Words in s. 6(1) substituted (1.8.1998) by 1997 c. 44, s. 51(1), Sch. 7 para. 11; S.I. 1998/386, art. 2, Sch. 1 Pt. III

S. 6(2) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 2(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 7(b) inserted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(2); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

S. 8(2) substituted (1.8.1998) by 1997 c. 44, s. 52(2); S.I. 1998/386, art. 2, Sch. 1 Pt.III

S. 8(4) substituted (1.8.1998) by 1997 c. 44, s. 52(3); S.I. 1998/386, art. 2, Sch. 1 Pt. III

Words in s. 9 substituted (1.4.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 61 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1

Word in s. 11(1)(a) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(3)(a); S.I. 2012/924, art. 2

S. 11(1)(a)(iii) and word inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(3)(a); S.I. 2012/924, art. 2

Words in s. 11(1)(b) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(3)(b); S.I. 2012/924, art. 2

Words in s. 11(2) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(3)(c); S.I. 2012/924, art. 2

S. 12 repealed (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 2, Sch. 3 Pt. 1

Words in s. 13(1) substituted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 52(2) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

Words in s. 13(1) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 2(2); S.I. 2010/303, art. 3, Sch. 2

S. 13(2)(a)(b) substituted (28.7.2000 for certain purposes, otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 52(3) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3)

Words in s. 13(2)(a) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 43

Words in s. 13(2)(a) omitted (1.4.2006) by virtue of The National Council for Education and Training for Wales (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3238), art. 1(1), Sch. 1 para. 32(a) (with art. 7)

S. 13(2)(ba) substituted for s. 13(2)(aa)(b) (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 8(2) (with s. 19); W.S.I. 2026/62, art. 2(ww)(iv)

S. 13(3)-(6) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 2(3); S.I. 2010/303, art. 3, Sch. 2

Words in s. 13(3)(b) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 3(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 13(4) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 3(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 13(5) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 3(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 13A substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 3; S.I. 2010/303, art. 3, Sch. 2

Words in s. 13A(2)(b) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 4; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 14(3A) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), ss. 2, 188(3); S.I. 2007/935, art. 7(a)

Words in s. 14(4) substituted (1.8.1998) by 1997 c. 44, s. 57(1), Sch. 7 para. 12; S.I. 1998/386, art. 2, Sch. 1 Pt. III

S. 14(4A)(4B) inserted (19.12.2002) by Education Act 2002 (c. 32), ss. 194(1), 216(3) (with ss. 210(8), 214(4)); S.I. 2002/3185, arts. 2, 4, Sch. Pt. 1

Words in s. 14(4B) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(3)(a); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

S. 14(5) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 62, Sch.31 (with 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

Words in s. 14(6)(b) inserted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(3)(b); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

S. 14A inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), ss. 3, 188(3); S.I. 2007/935, art. 7(a)

S. 15 repealed (28.7.2000 for certain purposes otherwise 1.4.2001) by 2000 c. 21, ss. 149, 153, 154, Sch. 9 para. 53, Sch. 11 (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

Ss. 15ZA, 15ZB inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 41, 269(4); S.I. 2010/303, art. 3, Sch. 2

Words in s. 15ZA(1) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 13 para. 15(2) (with s. 102)

Words in s. 15ZA(1) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 5(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 15ZA(2) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 13 para. 15(3)(a) (with s. 102)

Words in s. 15ZA(3) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 13 para. 15(3)(b) (with s. 102)

Words in s. 15ZA(3)(b) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 5(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 15ZA(4) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 13 para. 15(3)(c) (with s. 102)

Words in s. 15ZA(5) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 13 para. 15(3)(d) (with s. 102)

Words in s. 15ZA(5) substituted (26.5.2015) by Deregulation Act 2015 (c. 20), s. 115(3)(g), Sch. 14 para. 44

Words in s. 15ZA(6) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 5(4); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 15ZA(7) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 5(4); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 15ZA(8) inserted (24.11.2015) by The English Apprenticeships (Consequential Amendments to Primary Legislation) Order 2015 (S.I. 2015/1852), arts. 1, 2(2)(a)

Word in s. 15ZA(8) omitted (24.11.2015) by virtue of The English Apprenticeships (Consequential Amendments to Primary Legislation) Order 2015 (S.I. 2015/1852), arts. 1, 2(2)(b)

Words in s. 15ZA(8) inserted (24.11.2015) by The English Apprenticeships (Consequential Amendments to Primary Legislation) Order 2015 (S.I. 2015/1852), arts. 1, 2(2)(b)

S. 15ZA(9) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 5(5); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 15ZA(9) substituted (29.4.2026) by virtue of English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 13 para. 15(3)(e) (with s. 102)

Words in s. 15ZB substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 13 para. 16 (with s. 102)

S. 15ZC inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 42, 269(4); S.I. 2010/303, art. 3, Sch. 2

Words in s. 15ZC(1) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 13 para. 17 (with s. 102)

Word in s. 15ZC(2)(a) omitted (24.11.2015) by virtue of The English Apprenticeships (Consequential Amendments to Primary Legislation) Order 2015 (S.I. 2015/1852), arts. 1, 2(3)

S. 15ZC(2)(aa) inserted (24.11.2015) by The English Apprenticeships (Consequential Amendments to Primary Legislation) Order 2015 (S.I. 2015/1852), arts. 1, 2(3)

S. 15ZD inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 16 para. 11; S.I. 2012/924, art. 2

Words in s. 15A title substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 4(6); S.I. 2010/303, art. 3, Sch. 2

S. 15A inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 63 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

Words in s. 15A(1) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 4(2); S.I. 2010/303, art. 3, Sch. 2

Words in s. 15A(1) inserted (28.7.2000 for certain purposes otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154(5), Sch. 9 para. 54(2) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

S. 15A(1ZA) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 4(3); S.I. 2010/303, art. 3, Sch. 2

S. 15A(1A) inserted (28.7.2000 for certain purposes otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154(5), Sch. 9 para. 54(3) (with s. 150) S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

Words in s. 15A(1A) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 4(4); S.I. 2010/303, art. 3, Sch. 2

S. 15A(3)(4) inserted (28.7.2000 for certain purposes otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154(5), Sch. 9 para. 54(5) (with s. 150) S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

S. 15A(3)(a)(b) substituted for words (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 6; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 15A(3)(b) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(4); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

S. 15A(3A) inserted (1.8.2024) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 8(3) (with s. 19); S.I. 2024/806, art. 2(k)(vi) (with art. 28)

S. 15B inserted (28.7.2000 for certain purposes otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154(5), Sch. 9 para. 55 (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

S. 15B(3)(a)(b) substituted for words (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 7; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 15B(3)(b) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(5); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

S. 15B(3)(c) inserted (1.8.2024) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 8(4) (with s. 19); S.I. 2024/806, art. 2(k)(vi) (with art. 28)

S. 16(3A) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 126(1), 269(4); S.I. 2009/3317, art. 2, Sch.

Words in s. 17 heading substituted (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 20; S.I. 2008/2261, art. 2 (with Sch. 1)

Words in s. 17(2) substituted (1.8.1998) by 1997 c. 44, s. 57(1), Sch. 7 para.13; S.I. 1998/386, art. 2, Sch. 1 Pt.III

S. 18A inserted (1.9.2010 for E. for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 48, 269(3)(4) (as amended (15.1.2012) by 2011 c. 21, s. 30(7)); S.I. 2010/303, art. 6, Sch. 5

Words in s. 18A(2) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(2)(a)(i)

Words in s. 18A(2)(b) inserted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(6)(a); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 18A(2)(b) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 8(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 18A(2)(ba)(bb) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 8(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 18A(2)(ba) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(2)(a)(ii)

S. 18A(2)(bb) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(2)(a)(iii)

Words in s. 18A(2)(bb) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(6)(b); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 18A(3)(a) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(2)(b)(i)

S. 18A(3)(b) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(2)(b)(ii)

S. 18A(4A)-(4C) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(2)(c)

Word in s. 19 heading inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 3(2) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

Words in s. 19(1) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 3(3) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

Words in s. 19(1) and (4) repealed (1.9.1998) by 1997 c. 44, ss. 47(2)(3), 57(4), Sch.8; S.I. 1998/386, art. 2, Sch. 1 Pt. IV

S. 19(1A) inserted (1.9.2011) by Children, Schools and Families Act 2010 (c. 26), ss. 3(2), 29(5) (with s. 27); S.I. 2011/1100, art. 2

Words in s. 19(1A) omitted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 3(4) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

S. 19(2)(2A) omitted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 3(5) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

S. 19(2A)(2B) inserted (2.7.2007) by The Education Act 1996 (Amendment of Section 19) (England) Regulations 2007 (S.I. 2007/1507), regs. 1, 2

Words in s. 19(2B) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 3(6) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

Words in s. 19(3) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 3(7) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

S. 19(3A)(3AA) substituted for s. 19(3A) (1.9.2011) by Children, Schools and Families Act 2010 (c. 26), ss. 3(3), 29(5) (with s. 27); S.I. 2011/1100, art. 2

S. 19(3A)(3B) inserted (1.9.2007) by Education and Inspections Act 2006 (c. 40), ss. 101(2), 188(3); S.I. 2007/1801, art. 4(g)

Words in s. 19(3A) omitted (30.4.2021) by virtue of Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 3(8) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

Words in s. 19(3B) substituted (1.9.2011) by Children, Schools and Families Act 2010 (c. 26), ss. 3(4)(a), 29(5) (with s. 27); S.I. 2011/1100, art. 2

Words in s. 19(3B) substituted (1.9.2011) by Children, Schools and Families Act 2010 (c. 26), ss. 3(4)(b), 29(5) (with s. 27); S.I. 2011/1100, art. 2

Words in s. 19(4) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 3(9) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

S. 19(4A) inserted (1.9.1998) by 1997 c. 44, s. 47(4); S.I. 1998/386, art. 2, Sch. 1 Pt.IV

S. 19(6) substituted (1.9.2007) by Education and Inspections Act 2006 (c. 40), ss. 101(3), 188(3); S.I. 2007/1801, art. 4(g)

Words in s. 19(6) inserted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(7)(a); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 19(6) inserted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(7)(b); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 19(7) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 3(10) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

S. 19A inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 4 (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

Words in s. 19A(5) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(3)

S. 19B and cross-heading inserted (29.6.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 61(2), 78(2)(k)

S. 20 repealed (1.11.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 66, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(2), Sch. 2 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 21 repealed (1.4.1999) by 1998 c. 31, ss. 133, 140(1)(3), Sch. 30 para. 66, Sch.31; S.I. 1999/1016, art. 2(1), Sch. 1

S. 22 repealed (1.4.1999 in relation to s. 22 except s. 22(1)(a) and otherwise 1.11.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 66, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(2), Sch. 2 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 23 repealed (1.11.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 66, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(2), Sch. 2 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 24 repealed (1.11.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 66, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(2), Sch. 2 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 25 repealed (1.11.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 66, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(2), Sch. 2 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 26 repealed (1.11.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 66, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(2), Sch. 2 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 27 repealed (1.4.1999) by 1998 c. 31, ss. 140(1)(3), Sch. 30 para. 66, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1

S. 28 repealed (1.11.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 66, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(2), Sch. 2 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 29(2) repealed (1.11.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 67(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(2), Sch. 2 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

Words in s. 29(3) repealed (1.11.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 67(b), Sch.31; S.I. 1999/2323, art. 2(2), Sch. 2 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 29(4A) inserted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(8); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

S. 29(6) repealed (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 35, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

S. 29(6A) inserted (5.10.2015) by Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (anaw 3), ss. 9(2), 25(3); S.I. 2015/1680, art. 2(d)

S. 30 repealed (1.11.1999) by 1998 c. 31, ss. 140(1)(3), Sch. 30 para. 68, Sch.31; S.I. 1999/2323, art. 2(2), Sch. 2 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

Pt. II (ss. 31-182) repealed (1.10.1998, 10.3.1999, 1.4.1999 respectively in relation to specified provisions and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch.31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pts. I, IV; S.I. 1999/120, art. 2(2), Sch. 2 ; S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings as specified in those S.I.s and subject to savings in S.I. 1999/704 , S.I. 1999/711, S.I. 1999/2243 and S.I. 1999/2262)

S. 31 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 32 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 33 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 34 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 35 repealed (1.4.1999 in respect of s. 35(8) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 36 repealed (1.4.1999 in respect of s. 36(3) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 ; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12 and subject to savings in S.I. 1999/704, regs. 8(2)(a), 14(2)(a))

S. 37 repealed (1.4.1999 in respect of s. 37(4)(7)-(9) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 ; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12 and subject to savings in S.I. 1999/704, regs. 8(2)(a), 14(2)(a))

S. 38 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12 and subject to savings in S.I. 1999/704, regs. 8(2)(a), 14(2)(a))

S. 39 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 ((with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12) and subject to savings in S.I. 1999/704, regs. 8(2)(a), 14(2)(a))

S. 40 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)) ;S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 41 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)) ;S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 42 repealed (1.4.1999 in respect of s. 42(4) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)) ;S.I. 1999/1016, art. 2(1), Sch. 1 ; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12 and subject to savings in S.I. 1999/704, regs. 8(2)(b), 14(2)(b))

S. 43 repealed (1.4.1999 in respect of s. 43(3)-(6) and words in s. 43(2) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12 and subject to savings in S.I. 1999/704, regs. 8(2)(b), 14(2)(b))

S. 44 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12 and subject to savings in S.I. 1999/704, regs. 8(2)(b), 14(2)(b))

S. 45 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 46 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 47 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 48 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 49 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 50 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 51 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)) ; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 52 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)) ; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 53 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)) ; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 54 repealed (10.3.1999 in respect of s. 54(6)(c) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(2), Sch. 2 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 55 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)) ; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 56 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)) ; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 57 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)) ; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 58 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)) ; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 59 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 60 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in art. 14, Sch. 7 paras. 2-4, 6, 7, 10, 12)

Words in s. 60(4) substituted (to the extent that this provision continues in force by virtue of any saving made in connection with its repeal by 1998 c. 31 by an order made under s. 145(3) of that Act) (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 4 para. 6

Words in s. 61(4)(5) substituted (to the extent that this provision continues in force by virtue of any saving made in connection with its repeal by 1998 c. 31 by an order made under s. 145(3) of that Act) (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 4 para. 6

S. 61 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)) ; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in art. 15, Sch. 7 paras. 2-4, 6, 7, 10, 12) and subject to an amendment (1.9.1999) by S.I. 1999/2243, reg. 59

S. 62 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 63 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 ((with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12 and subject to savings in S.I. 1999/704, regs. 8, 10)

S. 64 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 ((with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12 and subject to savings in S.I. 1999/704, regs. 14, 15)

S. 65 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 66 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 67 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 68 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 69 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 70 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 71 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 72 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 73 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 74 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 75 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 76 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 77 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 78 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 79 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 80 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 81 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 82 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 83 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 84 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 85 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 86 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 87 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 88 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 89 repealed (10.3.1999 in respect of s. 89(1)(2) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(2), Sch. 2; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 90 repealed (10.3.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(2), Sch. 2 (with art. 5(1)(3) and subject to savings in S.I. 1999/2323, Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 91 repealed (10.3.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(2), Sch. 2 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 92 repealed (10.3.1999 in respect of s. 92(1)(2)(4) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(2), Sch. 2 (with art. 5(2)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 93 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 94 repealed (10.3.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(2), Sch. 2 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 95 repealed (10.3.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(2), Sch. 2 (with art. 5(3) and subject to savings in S.I. 1999/2323, Sch. 7 paras. 2-4, 6, 7, 10, 12 )

S. 96 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12 and subject to savings in S.I. 1999/2243, reg. 8(2) and S.I. 1999/2262, reg. 8(2))

S. 97 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6));S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12 and subject to savings in S.I. 1999/2243, reg. 8(2) and S.I. 1999/2262, reg. 8(2))

S. 98 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 99 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 100 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

Part II Chapter V (ss. 101-126) repealed (1.4.1999 subject to savings) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch.31 (with ss. 138(9), 144(6)); S.I. 1998/2212, arts. 2, 4, Sch. 1 Pt.IV, Sch. 2 Pt. II para. 8 (subject to savings in S.I. 1999/711, reg. 5 and S.I. 1999/2323, Sch. 7 paras. 2-4, 6, 7, 10, 12))

S. 127 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 128 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 129 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 130 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 131 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 132 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 133 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 134 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 135 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 136 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 137 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 138 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in art. 6, Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 139 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 140 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 141 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 142 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 143 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 144 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 145 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 146 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 147 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 148 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 149 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 150 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 151 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 152 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 153 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 154 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 155 repealed (1.10.1998 in respect of s. 155(1)(4) and otherwise 1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt. I; S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 156 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 6 paras. 2-6, Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 157 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 6 paras. 2-6, Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 158 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 6 paras. 2-6, Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 159 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 6 paras. 2-6, Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 160 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 6 paras. 2-6, Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 161 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 6 paras. 2-6, Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 162 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 6 paras. 2-6, Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 163 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 6 paras. 2-6, Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 164 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 6 paras. 2-6, Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 165 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 6 paras. 2-6, Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 166 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 6 paras. 2-6, Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 167 repealed (1.4.1999 in respect of s. 167(6) and words in s. 167(1) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 6 paras. 2-6, Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 168 repealed (1.4.1999 in respect of s. 168(3) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12 and subject to savings in S.I. 1999/704, reg. 14(2)(c))

S. 169 repealed (1.4.1999 in respect of s. 169(4)(6) and words in s. 169(5) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12 and subject to savings in S.I. 1999/704, reg. 14(2)(c))

S. 170 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12 and subject to savings in S.I. 1999/704, reg. 14(2)(c))

S. 171 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 172 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 173 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 174 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 175 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 176 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 177 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 178 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 179 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in art. 23(1), Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 180 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 11, 12)

S. 181 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12)

S. 182 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2-4, 6, 7, 10, 12) and subject to an amendment (1.9.1999) by S.I. 1999/2001, reg. 24, Sch. 8 para. 5

Pt. III (ss. 183-311) repealed (1.10.1998, 1.4.1999 and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch.31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt.I; S.I. 1999/120, art. 2(2), Sch. 2; S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings as specified in those S.I.s and subject to savings in S.I. 1999/704)

S. 183 repealed (1.4.1999 in respect of s. 183(4) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 69, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

Ss. 184-199 repealed (1.10.1998) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1, Pt. I (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 200 repealed (1.10.1998 in respect of s. 200(4) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1, Pt. I; S.I. 1999/2323, art 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 201 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in art. 8, Sch. 7 paras. 2, 5, 6, 10, ,12)

S. 202 repealed (1.10.1998) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1, Pt. I (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 203 repealed (1.10.1998) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1, Pt. I (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 204 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in art. 9, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 205 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in art. 10, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 206 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 207 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in art. 11, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 208 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in art. 12, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 209 repealed (1.10.1998) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1, Pt. I (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 210 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 211 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 212 repealed (1.10.1998) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1, Pt. I (with Sch. 2 para. 4 and subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 213 repealed (1.10.1998 in respect of s. 213(2)(3) and otherwise 1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1, Pt. I; S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 214 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 215 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1998/2323, Sch. 7 paras. 2, 5, 6, 10, 12 and in S.I. 1999/704, reg. 3)

S. 216 repealed (1.4.1999 in respect of s. 216(2)-(9) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in S.I. 1998/2323, Sch. 7 paras. 2, 5, 6, 10, 12 and in S.I. 1999/704, reg. 3)

S. 217 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1998/2323, Sch. 7 paras. 2, 5, 6, 10, 12 and in S.I. 1999/704, reg. 3)

S. 218 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 219 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 220 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 221 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 222 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 223 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 224 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 225 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 226 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 227 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 228 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 229 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 230 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 231 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

Ss. 232-240 repealed (1.10.1998) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1, Pt. I (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 241 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 242 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 243 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 244 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3),Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 245 repealed (1.4.1999 for specified purposes and otherwise prosp.) by 1998 c. 31, ss. 140(1)(3), 145(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 246 repealed (1.4.1999 for specified purposes and otherwise prosp.) by 1998 c. 31, ss. 140(1)(3), 145(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 247 repealed (1.4.1999 for specified purposes and otherwise prosp.) by 1998 c. 31, ss. 140(1)(3), 145(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 248 repealed (1.4.1999 for specified purposes and otherwise prosp.) by 1998 c. 31, ss. 140(1)(3), 145(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 249 repealed (1.4.1999 for specified purposes and otherwise prosp.) by 1998 c. 31, ss. 140(1)(3), 145(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 250 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 251 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 252 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 253 repealed (1.4.1999 for specified purposes and otherwise prosp.) by 1998 c. 31, ss. 140(1)(3), 145(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 254 repealed (1.4.1999 for specified purposes and otherwise prosp.) by 1998 c. 31, ss. 140(1)(3), 145(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 255-258 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 259 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12 and subject to savings by S.I. 1999/704, reg. 14(2)(d))

S. 260 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12 and in S.I. 1999/704, reg. 4(1))

S. 261 repealed (1.4.1999 in respect of s. 261(2)(4)(5) and in respect of words in s. 261(3) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1 (with Sch. 7 paras. 2, 5, 6, 10, 12 and subject to savings in S.I. 1999/704, regs. 4(1), 14(2)(d))

S. 262 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12 and subject to savings in S.I. 1999/704, reg. 14(2)(d)(e))

S. 263 repealed (1.4.1999 in respect of s. 263(4)(b) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144);S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 264 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 265 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 266 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 267 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12 and subject to savings in S.I. 1999/704, reg. 14(2)(f))

S. 268 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12 and in S.I. 1999/704, reg. 6)

S. 269 repealed (1.4.1999 in respect of s. 269(2)(5)(6) and in respect of words in s. 269(3) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12 and subject to savings in S.I. 1999/704, reg. 14(2)(f))

S. 270 repealed (1.4.1999 in respect of s. 270(2)(b)(ii) and otherwise 1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 271 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 272 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 273 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 274 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in art. 16, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 275 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in art. 16, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 276 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in art. 16, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 277 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in art. 16, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 278 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in art. 16, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 279 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in art. 16, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 280 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 281 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 282 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 283 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 284 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 285 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 286 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 287 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 288 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 289 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 290 repealed (1.10.1998) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1, Pt. I (subject to savings in S.I. 1999/2323, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 291 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 292 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 293 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 294 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 295 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 296 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 297 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 298 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 299 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 300 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 301 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 302 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 art. 23(2), paras. 2, 5, 6, 10, 12)

S. 303 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 304 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 305 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 306 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 306A (and the heading immediately preceding it) inserted (1.4.1998) by 1997 c. 44, s. 3(1) (with s. 57(3)); S.I. 1998/386, art. 2, Sch. 1 Pt.II

S. 306A (and the heading immediately preceding it) inserted (1.4.1998) by 1997 c. 44, s. 3(1) (with s. 57(3)); S.I. 1998/386, art. 2, Sch. 1 Pt. II and repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 307 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 307A inserted (1.9.1998) by 1997 c. 44, s. 8(1) (with s. 57(3)); S.I. 1998/386, art. 2, Sch. 1 Pt. IV and repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 308 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 309 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

S. 310 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 70, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1 (with art. 5 and subject to savings in S.I. 1999/2323, art. 20, Sch. 7 paras. 2, 5, 6, 10, 12)

S. 311 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 70, Sch. 31 (with ss. 138(9), 144); S.I. 1999/2323, art. 2(1), Sch. 1 (with savings in Sch. 7 paras. 2, 5, 6, 10, 12)

Pt. 4 Ch. 1 repealed (1.9.2021 for the repeal of ss. 333(1ZA)(2)-(6), 334-335 and otherwise in force for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(9); S.I. 2021/373, arts. 3, 4, 6, 7, 8(j)(vi) (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in Pt. 4 Ch. 1 title inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 9; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505))

S. 311A inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 10; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 312(1) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 11(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 312(2) substituted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 6(2); S.I. 2010/303, art. 6, Sch. 5

Words in s. 312(2) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 11(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 312(2)(c) substituted (1.8.1998) by 1997 c. 44, s. 57(1), Sch. 7 para. 23(a); S.I. 1998/386, art. 2, Sch. 1 Pt. III

Words in s. 312(2)(c) repealed (1.8.1998) by 1997 c. 44, s. 57(1)(4), Sch. 7 para. 23(b), Sch. 8; S.I. 1998/386, art. 2, Sch. 1 Pt. III

S. 312(3A) inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 6(3); S.I. 2010/303, art. 6, Sch. 5

Word in s. 312(3A)(a) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 11(3)(a)(i); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 312(3A)(a) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 11(3)(a)(ii); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 312(3A)(b) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 11(3)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 312(4)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 71(a), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 312(5) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 71(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 312A inserted (1.9.2010 for E., 1.4.2011 for W.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 52(2), 269(3)(4); S.I. 2010/303, art. 6, Sch. 5; S.I. 2011/829, art. 2(d)

Words in s. 313(1) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 12(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 313(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 72 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1

Words in s. 313(1) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 36 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

Words in s. 313(4) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 12(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 313(5) substituted (1.9.2003) by Education Act 2002 (c. 32), s. 216(3), Sch. 18 para. 2 (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, art. 6, Sch. Pt. III

Words in s. 313(5) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 128(a)

Words in s. 313(5) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 12(3)(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 313(5)(a) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 12(3)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 313(5)(b) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 12(3)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 314(1) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 13(2)(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Word in s. 314(1) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 13(2)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 314(2) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 13(3)(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 314(2) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 13(3)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 314(2) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 13(3)(c); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 314(3) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 13(4); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 314(4) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 13(5)(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 314(4) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 13(5)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 315(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.73 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 315(2) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 37 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

Ss. 316, 316A substituted (15.6.2001 for certain purposes and otherwise 1.1.2002 for E., 21.1.2002 for certain purposes and otherwise 1.4.2002 for W.) for s. 316 by 2001 c. 10, s. 1 (with s. 43(13)); S.I. 2001/2217, arts. 4, 5, Sch. Pts. I, II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, arts. 4, 5, Sch. Pts. I, II

Words s. 316(4)(b)(iii) substituted (26.7.2002) by Education Act 2002 (c. 32), ss. 65(3), 216(2), Sch. 7 para. 6(3) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2

S. 316A(2)(a)(ii) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 14(2)(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 316A(2)(c)(ii) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 14(2)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 316A(8) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 14(3)(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 316A(8)(a) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 14(3)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 316A(8)(b) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 14(3)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 316A(10) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 14(4)(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 316A(10) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 14(4)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 316A(11)(a) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 38(a) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

Words in s. 316A(11)(b) repealed (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 38(b), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

Words in s. 317(1) substituted (1.9.2003 for E.; 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 39(2) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

S. 317(2) substituted (1.9.2003 for E.; 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 39(3) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

Words in s. 317(3)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 74(4)(a)(i) (with ss. 138(9), 144(6))S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 317(3)(a) inserted (1.9.2003 for E.; 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 39(4)(a) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

Words in s. 317(3)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 74(4)(a)(ii), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 317(3)(b) and word repealed (1.9.2003 for E.; 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 39(4)(b), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

S. 317(3A)(3B) inserted (8.1.2007 for E.) by Education and Inspections Act 2006 (c. 40), ss. 173, 188(3); S.I. 2006/3400, art. 2(c)

Words in s. 317(4) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 74(5) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 317(5)-(6A) substituted for s. 317(5)-(7A) (1.9.2005) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 2 (with s. 119); S.I. 2005/2034, art. 5 (with Sch. para. 2)

Words in s. 317(5) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 15(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 317(5)(a) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 15(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 317(5)(b) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 15(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 317(6)(b)(iv) substituted by 2010 c. 15, Sch. 26 Pt. 1 para. 36(2) (as inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 5) (see S.I. 2010/2317, art. 2)

S. 317(6A) substituted by 2010 c. 15, Sch. 26 Pt. 1 para. 36(3) (as inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 5) (see S.I. 2010/2317, art. 2)

S. 317A inserted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 7(1) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

Words in s. 317A(1)(a)(i) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 40 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

Words in s. 318(1)(a)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 75(2)(a)(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 318(1) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 41(2) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

Words in s. 318(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 75(3) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 318(2) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 41(3) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

S. 318(3) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 16(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 318(3A) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 16(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 318(3B) inserted (19.12.2002) by Education Act 2002 (c. 32), ss. 194(2)(b), 216(3) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 4, Sch. Pt. 1

Words in s. 318(3B) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 16(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 321(3)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 76(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), SCh. 1

Words in s. 321(3)(a)(b) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 42 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

S. 321(3)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 76(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 322 title substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(6)(a)

Words in s. 322(1) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(6)(b)

Words in s. 322(1) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 78(2)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Words in s. 322 substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Words in s. 322(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 44; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Words in s. 322(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 78(2)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Words in s. 322(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 78(2)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Words in s. 322(2) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 78(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Words in s. 322(2)(a) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(6)(c)

Words in s. 322(3) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(6)(d)

Words in s. 322(3)(a) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 78(4)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Words in s. 322(3)(a) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 44; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Words in s. 322(3)(a) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 26(2)(c)

Words in s. 322(3)(a) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 78(4)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Words in s. 322(3)(a) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 78(4)(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Words in s. 322(3)(a) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 182 (with Sch. 3 Pt. 1)

Words in s. 322(4) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 78(5)(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Words in s. 322(4) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 44; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Words in s. 322(4) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 78(5)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

S. 322(5) repealed (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(6)(e), Sch. 3 Pt. 1

Words in s. 323(1)(a) substituted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 42(1), Sch. 8 para. 11(1) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

S. 324(4A) inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E., 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 9, 43(4)(c) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

Words in s. 324(5)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 77(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 324(5)(b) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 43 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

S. 324(5A) inserted (1.10.1998) by 1998 c. 31, ss. 140(1), 145(3), Sch. 30 para. 77(b) (with ss. 138(9), 144(6))

Words in s. 325(1) repealed (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1)(6), 43(4)(e), Sch. 8 para. 6(1), Sch. 9 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614 art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

Ss. 325(2A)(2B) inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, s. 42(1), 43(4)(e), Sch. 8 para. 6(2) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt II (as amended by 2001/2614 art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

S. 326(1)(1A) substituted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 19 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Words in s. 326(2) substituted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 20 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Word in s. 326(4)(b) inserted (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 26(3), Sch. para. 2(a); S.I. 2012/320, art. 3(m)

Full stop in s. 326(4)(b) omitted (6.3.2012) by virtue of Education (Wales) Measure 2009 (nawm 5), s. 26(3), Sch. para. 2(a); S.I. 2012/320, art. 3(m)

S. 326(4)(c) inserted (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 26(3), Sch. para. 2(b) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 3(m)

Words in s. 326(4)(c) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 17; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 326A inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 5, 43(4)(b) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

S. 326A(1)(a) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 18(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 326A(6) substituted (1.9.2003) by Education Act 2002 (c. 32), s. 216(3), Sch. 18 para. 3 (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, art. 6, Sch. Pt. III

Words in s. 326A(6) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 18(3)(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 326A(6)(a) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 18(3)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 326A(6)(b) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 18(3)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 327(1)(b) substituted (1.9.1999) for s. 327(1)(b)(i)-(iii) by 1998 c. 31, s. 140(1), Sch. 30 para.78 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 327(1)(b) inserted (1.9.2003 for E., 1.1.2004 for W.) by Education Act 2002 (c. 32), ss. 173, 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/2961, art. 6, Sch. Pt. III

Words in s. 327(1)(b) inserted (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 5 (with art. 3)

Words in s. 328(3)(a) substituted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para 7(1) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

S. 328(3A)(3B) inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 7(2) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

S. 328(5)(aa) inserted (1.9.2010 for E., 1.4.2011 for W.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 52(3), 269(3)(4); S.I. 2010/303, art. 6, Sch. 5; S.I. 2011/829, art. 2(d)

S. 328A repealed (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 19(1); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 329(2)(a) inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 8(1) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

S. 329(2A) inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 8(2) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

S. 329A inserted (15.6.2001 for certain purposes and 1.1.2002 otherwise for E., 21.1.2002 for certain purposes and 1.4.2002 otherwise for W.) by 2001 c. 10, s. 8 (with s. 43(13)); S.I. 2001/2217, arts, 4, 5, Sch. Pts. I, II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, arts. 4, 5, Sch. Pts. I, II

Words in s. 329A(11) substituted (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 22(2); S.I. 2008/2261, art. 2 (with Sch. 1)

S. 329A(12)(da) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(4); S.I. 2012/924, art. 2

Words in s. 329A(13)(a) repealed (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 44, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

Words in s. 329A(13)(c) substituted (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 22(3); S.I. 2008/2261, art. 2 (with Sch. 1)

S. 329A(14) substituted (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 22(4); S.I. 2008/2261, art. 2 (with Sch. 1)

Words in s. 329A(14) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 20(2)(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 329A(14)(a) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 20(2)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 329A(14)(b) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 20(2)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 329A(15) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 20(3)(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 329A(15) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 20(3)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 330 repealed (1.9.1999) by School Standards and Framework Act 1998 (c. 31), s. 140(1)(3), Sch. 30 para. 79, Sch. 31; S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 332 heading substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 26(3)(a)

Words in s. 332(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 45; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)

Words in s. 332(1) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 26(3)(a)

Words in s. 332(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 79(2)(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Words in s. 332(1) substituted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 4 para. 105; S.I. 2004/759, art. 2

Words in s. 332(1) substituted (1.8.1998) by 1997 c. 44, s. 57(1), Sch. 7 para. 24; S.I. 1998/386, art. 2, Sch. 1 Pt. III

Word in s. 332(2) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 26(3)(b)

Words in s. 332(2) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 79(3); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Word in s. 332(3) substituted (1.4.2007) by The References to Health Authorities Order 2007 (S.I. 2007/961), art. 1(1), Sch. para. 26(3)(b)

Words in s. 332(3) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 79(4); S.I. 2013/160, art. 2(2) (with arts. 7-9)

S. 332ZA and cross-heading inserted (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 1(2), 26(3) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 3(a)

Word in s. 332ZA omiited (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 21(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Word in s. 332ZA(1) omiited (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 21(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 332ZB inserted (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 2(2), 26(3) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 3(b)

Words in s. 332ZB(1) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 22; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 332ZC inserted (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 3(2), 26(3) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 2(a)

Word in s. 332ZC title omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 23(4); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 332ZC(1)(a) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 23(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Word in s. 332ZC(3)(a) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 23(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 332A and preceding cross-heading inserted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 2 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

S. 332A repealed (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 24(1) (with s. 24(3)); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 332AA inserted (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 4(3), 26(3) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 3(c) (with art. 4(a))

Word in s. 332AA title omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 25(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 332AA(1) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 25(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 332B repealed (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 26(1) (with s. 26(3)); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 332BA inserted (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 5(3), 26(3) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 3(d) (with art. 4(b))

Word in s. 332BA title omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 27(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 332BA(1) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 27(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 332BA(2) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 27(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 332BB inserted (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 6(2), 26(3) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 3(e)

Word in s. 332BB title omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 28(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 332BB(1) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 28(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 332BB(5) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 28(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 332C cross-heading omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 29(1); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Ss. 332C-332E repealed (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 29(1); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 333 cross-heading inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 30; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Word in s. 333 title omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 31(4); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 333(1Z) omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 130(b)

S. 333(1ZB) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 31(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 333(1) substituted (1.9.2002) by 2001 c. 10, ss. 42(1), 43(3), Sch. 8 para. 3 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

Word in s. 333(1) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 31(3)(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 336(1) inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 133(a)(i)

Word in s. 336(1) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 33(1)(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Word in s. 336(2)(b) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 33(1)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Section 336(2)(d) repealed (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1)(6), 43(4)(e), Sch. 8 para. 13(2)(a), Sch. 9 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Word in s. 336(2)(g) substituted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 13(2)(b) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Words in s. 336(2)(g) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

Words in s. 336(2)(j) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 133(b)(ii)

Word in s. 336(2)(n) omitted (10.2.2012) by virtue of Education (Wales) Measure 2009 (nawm 5), ss. 7(2), 26(3); S.I. 2012/320, art. 2(b)

Word in s. 336(2)(o) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 33(1)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 336(2)(p)(q) inserted (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 7(3), 26(3) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 2(b)

Word in s. 336(2)(p) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 33(1)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 336(2A) inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 13(3) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Word in s. 336(2A) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 33(1)(c); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 336(2A) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 133(c)(ii)

S. 336(3) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 133(d)

Word in s. 336(3) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 33(1)(d); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Word in s. 336(4) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 33(1)(e); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 336(4) inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 133(e)(ii)

Words in s. 336(4) substituted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 13(4) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

S. 336(4A) inserted (1.7.2002) by 2001 c. 10, s. 42(1), Sch. 8 para. 13(5) (with s. 43(13)); S.I. 2002/1721, art. 4, Sch. Pt. I

Words in s. 336(4A) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 133(f)(i)

Words in s. 336(4A) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 133(f)(ii)

Words in s. 336(4A) substituted by 2010 c. 15, Sch. 26 Pt. 1 para. 37 (as inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 5) (see S.I. 2010/2317, art. 2)

S. 336(5A) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 33(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 336(6) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 33(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 336ZA inserted (31.3.2003) by Education Act 2002 (c. 32), ss. 195, 216(3), Sch. 18 para. 5 (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, art. 5, Sch. Pt. II

S. 336ZA omitted (3.11.2008) by virtue of The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 134

S. 336ZB inserted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 135

Word in s. 336ZB omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 34(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Word in s. 336ZB(1) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 34(2)(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Word in s. 336ZB(2) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 34(2)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Word in s. 336ZB(3) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 34(2)(c); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 336A inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 4, 43(4)(a) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

S. 336A(2) substituted (1.9.2003) by Education Act 2002 (c. 32), s. 216(3), Sch. 18 para. 6 (with ss. 210(8), 214(4), Sch. 18 para. 17); S.I. 2002/3185, art. 6, Sch. Pt. III

Words in s. 336A(2) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 35(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 336A(2)(a) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 35(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 336A(2)(b) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 35(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Ss. 337, 337A and cross-heading substituted for s. 337 and cross-heading (30.3.2010) by Education and Skills Act 2008 (c. 25), ss. 142(1), 173(4); S.I. 2010/1093, art. 2(a)

S. 337 renumbered as s. 337(1) (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(10)(a); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 337(1) inserted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(10)(b); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

S. 337(2) inserted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(10)(c); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 337A omitted (1.9.2021) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 57(2), 100(3); S.I. 2021/373, art. 8(e)

S. 338 omitted (1.4.1999) by virtue of 1998 c. 31, s. 140(1), Sch. 30 para. 81 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1; ss. 338-341 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 81, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 339 repealed (1.4.1999 so far as relating to the omission of s. 339(2) and certain words in s. 339(4)(a) and 1.9.1999 otherwise) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 81, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1

S. 340 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.81, Sch. 31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/704, regs. 7, 8, 14(2)(g)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 341 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 81, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/704, regs. 8, 14(2)(g) and S.I. 1999/2323, art. 17(b)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 342 and crossheading substituted for s. 342 (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 82 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 342 and cross-heading substituted for s. 342 (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 82 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 342(1) substituted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 57(3)(a)(i), 100(3); S.I. 2021/373, art. 8(e)

Words in s. 342(1) inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 57(3)(a)(ii), 100(3); S.I. 2021/373, art. 8(e)

Words in s. 342(1)(b) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 37; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Word in s. 342(1) repealed (30.3.2010) by Education and Skills Act 2008 (c. 25), ss. 142(3)(b), 173(4), Sch. 2; S.I. 2010/1093, art. 2(a)(c)

Words in s. 342(5)(a) substituted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 57(3)(b), 100(3); S.I. 2021/373, art. 8(e)

S. 342(5ZA) inserted (29.4.2026 but only for the purposes of making regulations) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 34(2), 78(1)(a)(5)

S. 342(5A)(5B) inserted (30.3.2010) by Education and Skills Act 2008 (c. 25), ss. 143(2), 173(4); S.I. 2010/1093, art. 2(a)

S. 342(6) omitted (1.9.2021) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 57(3)(c), 100(3); S.I. 2021/373, art. 8(e)

S. 342A and cross-heading inserted (30.3.2010) by Education and Skills Act 2008 (c. 25), ss. 144, 173(4); S.I. 2010/1093, art. 2(a)

Ss. 342B, 342C and cross-heading inserted (30.3.2010) by Education and Skills Act 2008 (c. 25), ss. 145, 173(4); S.I. 2010/1093, art. 2(a)

S. 343 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 83, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 344 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 83, Sch. 31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/2323, art. 5, Sch. 7 paras. 2, 10); S.I. 1999/2323, art, 2(1), Sch. 1

S. 345 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 83, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1

S. 346 repealed (1.10.1998) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 83, Sch.31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt.I

S. 347 repealed (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 58, 100(3); S.I. 2021/373, art. 8(e)

Word in s. 348 title inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 38(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 348(1)(aa) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 38(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 348(3) substituted (1.9.1999) for s. 348(3)(a)-(c) by 1998 c. 31, s. 140(1), Sch. 30 para.84 (with ss. 138(9), 144(6))

Words in s. 349(1) substituted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(12)(a)(i); S.I. 2021/373, art. 8(j)(vii)

Words in s. 349(1) substituted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(12)(a)(ii); S.I. 2021/373, art. 8(j)(vii)

Words in s. 349(1) inserted (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 3; S.I. 2010/1937, art. 2, Sch. 1

Words in s. 349(1) repealed (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 147(2)(c), 173(4), Sch. 2; S.I. 2009/1513, art. 3

S. 349(1A) omitted (1.9.2021) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(12)(b); S.I. 2021/373, art. 8(j)(vii)

Ss. 350-369 repealed (1.10.2002 for E., otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3

S. 358 repealed (1.3.1998) by 1997 c. 44, s. 57(1)(4), Sch. 7 para. 26, Sch. 8; S.I. 1998/386, art. 2(1), Sch. 1 Pt. I

S. 359 repealed (1.3.1998) by 1997 c. 44, s. 57(1)(4), Sch. 7 para. 26, Sch. 8; S.I. 1998/386, art. 2(1), Sch. 1 Pt. I

S. 360 repealed (1.10.1997) by 1997 c. 44, s. 57(1)(4), Sch. 7 para. 26, Sch. 8; S.I. 1997/1468, art. 2, Sch. 1 Pt. I

S. 361 repealed (1.10.1997) by 1997 c. 44, s. 57(1)(4), Sch. 7 para. 26, Sch. 8; S.I. 1997/1468, art. 2, Sch. 1 Pt. I

Ss. 350-369 repealed (1.10.2002 for E., otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(2), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3

S. 370 repealed (1.10.1998) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 91, Sch.31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt.I

S. 371 repealed (1.10.1998) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 91, Sch.31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt.I

S. 372 repealed (1.10.1998) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 91, Sch.31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt.I

S. 373 repealed (1.10.1998) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 91, Sch.31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt.I

S. 374 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 91, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 376 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 377 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 378 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 379 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 380 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 381 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 382 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 383 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 384 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 385 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 386 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 387 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 388 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 389 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 92, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1

S. 390(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.93 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 391(1)(a)(i)(ii) substituted (1.9.1999) for s. 391(1)(a) by 1998 c. 31, s. 140(1), Sch. 30 para. 94(2) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 391(8)(9) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 94(3), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 391(10) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 6; S.I. 2012/924, art. 2

S. 392(4) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 95, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 393 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 96, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1

Words in s. 394(1)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 97(2)(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 394(1)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 97(2)(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 394(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 97(2)(c) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 394(4) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 97(3) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 394(8) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 97(4) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 394(8) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 9(2); S.I. 2007/935, art. 7(o)

S. 394(9) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 9(3); S.I. 2007/935, art. 7(o)

S. 394(9)(b) omitted (1.10.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 17(3); S.I. 2013/1800, art. 3(j)

Words in s. 395(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.98 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 396(1)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.99 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 398(1): s. 398 renumbered as s. 398(1) (1.9.2005) by Education Act 2005 (c. 18), s. 125(3)(a), Sch. 14 para. 16(3)

Words in s. 398(b) substituted (1.9.2005) by Education Act 2005 (c. 18), s. 125(3)(a), Sch. 14 para. 16(2)

S. 398(2) inserted (1.9.2005) by Education Act 2005 (c. 18), s. 125(3)(a), Sch. 14 para. 16(3)

Words in s. 398(2) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 5 para. 11; S.I. 2012/924, art. 2

Words in s. 399 substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.100 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 400 repealed (1.9.2001) by 1997 c. 44, ss. 57(1)(4), Sch.8; S.I. 2001/1215, art. 2

S. 401 repealed (1.9.2001) by 1997 c. 44, ss. 57(1)(4), 58(3), Sch.8; S.I. 2001/1215, art. 2

Words in s. 402(2) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(4)(a)

S. 402(2A) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(4)(b)

Words in s. 402(6) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.101 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 402(6)(aa) substituted (1.10.2002 for E. for certain purposes, 19.12.2002 for W. and otherwise prosp.) for word at the end of s. 402(6)(a) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 45 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1

Word in s. 402(6)(aa) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(4)(c)(i)(aa)

S. 402(6)(aa)(ii) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(4)(c)(i)(bb)

S. 402(6)(ab) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(4)(c)(ii)

Words in s. 403(1) repealed (1.11.2000 (E.) 1.9.2001 (W.)) by 2000 c. 21, ss. 148(3), 153, Sch. 11 (with s. 150); S.I. 2000/2559, art. 2(2), Sch. Pt. II; S.I. 2001/1274, art. 2(2), Sch. Pt. II

Words in s. 403(1) inserted (E.) (1.9.2020) by The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 (S.I. 2019/924), reg. 1(2), Sch. para. 2(2)

S. 403(1A)-(1D) inserted (1.11.2000 (E.) 1.9.2001 (W.)) by 2000 c. 21, s. 148(4) (with s. 150); S.I. 2000/2559, art. 2(2), Sch. Pt. II; S.I. 2001/1274, art. 2(2), Sch. Pt. II

S. 403(1ZB) inserted (E.) (1.9.2020) by The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 (S.I. 2019/924), reg. 1(2), Sch. para. 2(3)

Words in s. 403(2) substituted (1.11.2000 (E.) 1.9.2001 (W.)) by 2000 c. 21, s. 148(5)(a) (with s. 150); S.I. 2000/2559, art. 2(2), Sch. Pt. II; S.I. 2001/1274, art. 2(2), Sch. Pt. II

Words in s. 403(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 102 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 403(2) inserted (1.11.2000 (E.) 1.9.2001 (W.)) by 2000 c. 21, s. 148(5)(b) (with s. 150); S.I. 2000/2559, art. 2(2), Sch. Pt. II; S.I. 2001/1274, art. 2(2), Sch. Pt. II

Words in s. 403(2) substituted (1.4.2013) by The Health and Social Care Act 2012 (Consequential Amendments) Order 2013 (S.I. 2013/594), arts. 1(2), 3

S. 403(2A) inserted (E.) (1.9.2020) by The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 (S.I. 2019/924), reg. 1(2), Sch. para. 2(4)

S. 404(1A) inserted (1.11.2000 (E.), 1.9.2001 (W.)) by 2000 c. 21, ss. 148(6), 154 (with s. 150)); S.I. 2000/2559, art. 2(2), Sch. Pt. II; S.I. 2001/1274 art. 2(2) Sch. Pt. II

S. 404(1B) inserted (E.) (1.9.2020) by The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 (S.I. 2019/924), reg. 1(2), Sch. para. 3(2)

S. 404(2) substituted (E.) (1.9.2020) by The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 (S.I. 2019/924), reg. 1(2), Sch. para. 3(3)

Words in s. 404(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 103(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 404(3) repealed (1.10.1998) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 103(b), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt. I

S. 405(1): s. 405 renumbered as s. 405(1) (E.) (1.9.2020) by The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 (S.I. 2019/924), reg. 1(2), Sch. para. 4(2)

S. 405(2)-(4) inserted (E.) (1.9.2020) by The Relationships Education, Relationships and Sex Education and Health Education (England) Regulations 2019 (S.I. 2019/924), reg. 1(2), Sch. para. 4(3)

Words in s. 406(1)(b) renumbered as s. 406(1)(b)(i) (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes, 1.9.2026 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(5)(a)

Words in s. 406(1)(b)(i) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(5)(b)

S. 406(1)(b)(ii) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(5)(c)

Words in s. 406(3) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.104 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 407(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.105 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 408(1)(a) inserted (1.10.1997) by 1997 c. 44, s. 57(1), Sch. 7 para. 30(a); S.I. 1997/1468, art. 2, Sch. 1 Pt. III

Words in s. 408(1)(a) inserted (28.7.2000 for certain purposes otherwise 1.9.2001) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 57(2) (with s.150); S.I. 2001/654, art. 2(3), Sch. Pt. III (with art. 3); S.I. 2001/1274, art. 2(2), Sch. Pt. II

Words in s. 408(1)(a) inserted (1.10.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 46(2) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4; Sch. Pt. I

Words in s. 408(1)(a) inserted (1.4.2010 for E., 1.11.2010 for W.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 11(2); S.I. 2010/1151, art. 2, Sch. 1; S.I. 2010/2413, art. 2(a) (with arts. 3-5)

Words in s. 408(1)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 8 para. 7; S.I. 2012/924, art. 2

Words in s. 408(1)(a) inserted (21.9.2015) by Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 4 para. 1(2)(a); S.I. 2015/1687, art. 2 (with arts. 3-12)

Words in s. 408(1)(a) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(6)(a)

S. 408(1)(b) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 106(a), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 408(2)(d) substituted (1.10.1998) by 1998 c. 31, s. 140(1), Sch. 30 para. 106(b) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt. I

S. 408(2)(e) and preceding ", and" inserted (28.7.2000 for certain purposes, otherwise 1.9.2001) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 57(3) (with 150); S.I. 2001/654, art. 2(3), Sch. Pt. III (with art. 3); S.I. 2001/1274, art. 2(2), Sch. Pt. II

Word in s. 408(2)(e) substituted (1.4.2010 for E., 1.11.2010 for W.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 11(3)(a); S.I. 2010/1151, art. 2, Sch. 1; S.I. 2010/2413, art. 2(a) (with arts. 3-5)

Words in s. 408(2)(e) inserted (1.4.2010 for E., 1.11.2010 for W.) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 12 para. 11(3)(b); S.I. 2010/1151, art. 2, Sch. 1; S.I. 2010/2413, art. 2(a) (with arts. 3-5)

Words in s. 408(2)(e) omitted (21.9.2015) by virtue of Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 4 para. 1(2)(b); S.I. 2015/1687, art. 2 (with arts. 3-12)

S. 408(2)(f) inserted (21.9.2015) by Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 4 para. 1(2)(c); S.I. 2015/1687, art. 2 (with arts. 3-12)

S. 408(3) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 106(c), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 408(4)(a) repealed (1.10.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215, 216(4), Sch. 21 para. 46(3), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

S. 408(4)(b)(c) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 106(d)(i), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Word in s. 408(4)(d) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 106(d)(ii) (with ss. 138(9), 144(6))

Word in s. 408(4)(e) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(6)(b)(i)

Words in s. 408(4)(f) repealed (1.9.2001) by 1997 c. 44, ss. 57(1)(4), Sch. 7 para. 30(b), Sch. 8; S.I. 2001/1215, art. 2

Word in s. 408(4)(f) omitted (5.10.2015) by virtue of Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (anaw 3), ss. 9(3)(a), 25(3); S.I. 2015/1680, art. 2(d)

S. 408(4)(g) repealed (19.4.2010 for specified purposes, 1.9.2010 for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 223(1)(a), 269(4), Sch. 16 Pt. 7; S.I. 2010/303, art. 5, Sch. 4; S.I. 2010/1151, art. 4, Sch. 2

Word in s. 408(4)(g) inserted (5.10.2015) by Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (anaw 3), ss. 9(3)(b), 25(3); S.I. 2015/1680, art. 2(d)

S. 408(4)(h) and word omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(6)(b)(ii)

S. 408(4)(h) inserted (5.10.2015) by Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (anaw 3), ss. 9(3)(c), 25(3); S.I. 2015/1680, art. 2(d)

S. 408(4A) inserted (1.10.2002 for E. for certain purposes, 19.12.2002 for W. and otherwise prosp.) by Education Act 2002 (c. 32), ss. 215, 216(4), Sch. 21 para. 46(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

S. 408(4A)(b) and word omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(6)(c)

Words in s. 408(6) substituted (1.10.2002 for E. for certain purposes, 19.12.2002 for W. and otherwise prosp.) by Education Act 2002 (c. 32), ss. 215, 216(4), Sch. 21 para. 46(5) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

Words in s. 408(6) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(6)(d)(i)

Words in s. 408(6) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(6)(d)(ii)

Words in s. 408(6)(e) repealed (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(7)(a), Sch. 3 Pt. 1

S. 408(6A) inserted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(7)(b)

S. 408(8A) inserted (5.10.2015) by Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (anaw 3), ss. 9(3)(d), 25(3); S.I. 2015/1680, art. 2(d)

S. 408(9) inserted (1.9.2003 for E., 1.8.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 46(6) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2008/1728, art. 3, Sch. Pt. 2

S. 409 sidenote substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 107(d) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 409 heading inserted (1.8.2012) by Education Act 2011 (c. 21), ss. 45(2)(a)(iii), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

S. 409 repealed (19.4.2010 for specified purposes, 1.9.2010 for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 223(1)(b), 269(4), Sch. 16 Pt. 7; S.I. 2010/303, art. 5, Sch. 4; S.I. 2010/1151, art. 4, Sch. 2

Words in s. 409(1) inserted (1.8.2012) by Education Act 2011 (c. 21), ss. 45(2)(a)(i), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

Words in s. 409(1) repealed (1.10.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215, 216(4), Sch. 21 para. 47(2), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

Words in s. 409(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 107(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 409(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 107(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 409(2) inserted (1.9.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 47(3) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4

Words in s. 409(2) omitted (1.10.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 17(4); S.I. 2013/1800, art. 3(j)

S. 409(3)(aa) inserted (1.10.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 47(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

S. 409(3)(aa) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(7)(a)

Words in s. 409(3)(b) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(7)(b)

Words in s. 409(3)(b) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 107(c), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 409(4) substituted (1.8.2012) by Education Act 2011 (c. 21), ss. 45(2)(a)(ii), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

Words in s. 409(4) substituted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 2(2); S.I. 2014/178, art. 2(f) (with art. 3)

S. 410 repealed (1.10.2002 for E., 1.8.2008 for W.) by Education Act 2002 (c. 32), ss. 205, 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2008/1728, art. 3, Sch. Pt. 2

Words in cross-heading substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.108 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(3), Sch. 2

S. 411 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch. 31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 paras. 2, 12 (as added (31.8.1999) by S.I. 1999/2484, art. 2(4)) and in S.I. 1999/2800, reg. 8(3)(4)); S.I. 1999/1016, art. 2(3), Sch. 3

S. 411A repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 paras. 2, 12 (as added (31.8.1999) by S.I. 1999/2484, art. 2(4)), and in S.I. 1999/2800, reg. 8(3)); S.I. 1999/1016, art. 2(3), Sch. 3

S. 412 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(3), Sch. 3

S. 413 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch. 31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 paras. 11, 12 (as added (31.8.1999) by S.I. 1999/2484, art. 2(4)) and in S.I. 1999/2800, reg. 8(3)); S.I. 1999/1016, art. 2(3), Sch. 3

S. 413A repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch. 31 (with ss. 138(9), 144(6) subject to savings in S.I. 1999/1016, Sch. 4 para. 12 (as added (31.8.1999) by S.I. 1999/2484, art. 2(4)) and in S.I. 1999/2800, reg. 8(3)); S.I. 1999/1016, art. 2(3), Sch. 3

S. 413B repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch. 31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 para. 12 (as added (31.8.1999) by S.I. 1999/2484, art. 2(4)) and in S.I. 1999/2800, reg. 8(3)); S.I. 1999/1016, art. 2(3), Sch. 3

S. 414 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch. 31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 para. 12 (as added (31.8.1999) by S.I. 1999/2484, art. 2(4)) and in S.I. 1999/2800, reg. 8(3)); S.I. 1999/1016, art. 2(3), Sch. 3

S. 415 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 para. 11); S.,I. 1999/1016, art. 2(3), Sch. 3.

S. 416 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(3), Sch. 3.

S. 417 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(3), Sch. 3.

S. 418 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(3), Sch. 3

S. 419 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(3), Sch. 3.

S. 420 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 para. 6); S.I. 1999/1016, art. 2(3), Sch. 3.

S. 421 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(3), Sch. 3.

S. 421A repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(3), Sch. 3

S. 422 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 paras. 11, 12 (as added (31.8.1999) by S.I. 1999/2484, art. 2(4)), and savings in S.I. 1999/2800, reg. 8(3)); S.I. 1999/1016, art. 2(3), Sch. 3.

S. 423 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch. 31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 paras. 8, 12 (as added (31.8.1999) by S.I. 1999/2484, art. 2(4)) and in S.I. 1999/2800, reg. 8(3)); S.I. 1999/1016, art. 2(3), Sch. 3

S. 423A repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch. 31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 paras. 8, 12 (as added (31.8.1999) by S.I. 1999/2484, art. 2(4)) and in S.I. 1999/2800, reg. 8(3)); S.I. 1999/1016, art. 2(3), Sch. 3

S. 424 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 para. 11); S.I. 1999/1016, art. 2(3), Sch. 3.

S. 425 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(3), Sch. 3.

S. 425A repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 paras. 8, 11); S.I. 1999/1016, art. 2(3), Sch. 3.

S. 425B repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch. 31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 para. 2); S.I. 1999/1016, art. 2(3), Sch. 3

S. 426 repealed (1.4.1999 to the extent of the repeal of s. 426(6) and 1.9.1999 to the extent of the repeal of s. 426(1)-(5)) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch. 31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 para. 7); S.I. 1999/1016, art. 2(1)(3), Sch. 1, Sch. 3

S. 426A repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch. 31 (with ss. 138(9),144(6); S.I. 1999/1016, art. 2(3), Sch. 3

S. 427 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(3), Sch. 3.

S. 428 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1.

S. 429 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 paras. 8, 11);,S.I. 1999/1016, art. 2(3), Sch. 3.

S. 430 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 paras. 2, 11); S.I. 1999/1016, art. 2(3), Sch. 3.

S. 431 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 paras. 10, 11); S.I. 1999/1016, art. 2(1), Sch. 1.

S. 432 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 109, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 para. 10); S.I. 1999/1016, art. 2(1), Sch. 1.

S. 433(4) repealed (1.10.1998) by 1998 c. 31, s. 140(1), Sch. 30 para. 110, Sch.31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch.1 Pt. I.

Word in s. 434(4)(c)(i) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 111(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

S. 434(4)(c)(ii) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 111(b), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Ss. 434A, 434B and cross-heading inserted (29.4.2026 but only for the purposes of making regulations) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 37(1), 78(1)(a)(5)

S. 436 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 112, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, Sch. 4 para. 11); S.I. 1999/2323, art. 2(1), Sch. 1.

S. 436A and cross-heading inserted (27.2.2007 for E., 1.9.2009 for W.) by Education and Inspections Act 2006 (c. 40), ss. 4(1), 188(3); S.I. 2006/3400, art. 6(a); S.I. 2009/1027, art. 3(a)

Words in s. 436A(3) inserted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(13); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Ss. 436B-436G and cross-heading inserted (29.4.2026 but only in relation to the power to make regulations conferred by ss. 436B, 436C, 436E, 436F, otherwise prosp.) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 38(2), 78(1)(a)(3)(5)

Ss. 436H-436S and cross-heading inserted (29.4.2026 but only in relation to the power to make regulations conferred by ss. 436I, 436S, otherwise prosp.) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 39(2), 78(1)(a)(3)(5)

S. 436T and cross-heading inserted (29.4.2026 but only for the purposes of making regulations) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 40, 78(1)(a)(3)(5)

Words in s. 437(5)(6) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 113(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Definition substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 113(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 437(8) repealed (27.2.2007 for E., 1.9.2009 for W.) by Education and Inspections Act 2006 (c. 40), ss. 4(2), 188(3), Sch. 18 Pt. 6; S.I. 2006/3400, art. 6(a)(g); S.I. 2009/1027, art. 3(a)(d)

Words in s. 438 title inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 39(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 438 heading substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(14)(c); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 438(1) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 39(2)(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 438(1) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(14)(a); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 438(1) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 39(2)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 438(4)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 114(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

S. 438(5) substituted (1.9.1999 except in relation to the substitution of s. 438(5)(b) and otherwise prosp.) by 1998 c. 31, ss. 140(1), 145(3), Sch. 30 para. 114(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 438(6)(a)(i) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 114(c), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 438(6)(c)(i)(ii) substituted for words (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(14)(b); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 439(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 115(2) (with ss. 138(9), 144(6)); S.I. 1999/2323, ar. 2(1), Sch. 1

Words in s. 439(2) substituted (1.10.2002 for E., 1.2.2006 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 4 para. 14 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with art. 4, Sch. paras. 310); S.I. 2006/172, art. 4, Sch.

Words in s. 439(3)(5)(6) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 115(3), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

S. 439(4A) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 115(4) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 440 title inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 40(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 440 heading substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(15)(c); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 440(1) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 40(2)(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 440(1) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(15)(a); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 440(1) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 40(2)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in S. 440(2)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 116(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

S. 440(3)(a)(b) substituted (1.9.1999 for certain purposes, otherwise prosp.) by 1998 c. 31, ss. 140(1), 145(3), Sch. 30 para. 116(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in S. 440(4)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 116(c), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 440(4)(b)(i)(ii) substituted for words (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(15)(b); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 441 title inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 41(7); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 441 heading omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(16)(f); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 441(1) inserted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(16)(a)(i); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 441(1) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 41(2)(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 441(1) omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(16)(a)(ii); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 441(1) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 41(2)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 441(2) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 41(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 441(2) omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(16)(b); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 441(3) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 41(4)(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 441(3) omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(16)(c)(i); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 441(3)(a) repealed (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 42(1)(6), Sch. 8 para. 15(2), Sch. 9 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Words in s. 441(3) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 41(4)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 441(3)(a) omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(16)(c)(ii); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

S. 441(3A) inserted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 42(1), Sch. 8 para. 15(3) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

S. 441(3A) omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(16)(d); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

S. 441(3B) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 41(5); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 441(4)(a) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 41(6)(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 441(4)(a) omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(16)(e)(i); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 441(4)(b) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 41(6)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 441(4)(b) omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(16)(e)(ii); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

S. 441A inserted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(17); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 442(5) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 42(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 442(5) omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(18)(a)(i); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 442(5)(a) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 42(c); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 442(5)(a) omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(18)(a)(ii); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 442(5)(b) omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(18)(a)(iii); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

S. 442(6) inserted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(18)(b); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

S. 444(1A) inserted (1.3.2001) by 2000 c. 43, s. 72(1)(a)(2); S.I. 2001/562, art. 2

Words in s. 444(1A) repealed (8.11.2006) by Education and Inspections Act 2006 (c. 40), ss. 109(1), 188(1), Sch. 18 Pt. 1 (with s. 109(11))

S. 444(1B) inserted (8.11.2006) by Education and Inspections Act 2006 (c. 40), ss. 109(2), 188(1) (with s. 109(11))

Word in s. 444(2) substituted (8.11.2006) by Education and Inspections Act 2006 (c. 40), ss. 109(3), 188(1) (with s. 109(11))

S. 444(2A) inserted (8.11.2006) by Education and Inspections Act 2006 (c. 40), ss. 109(4), 188(1) (with s. 109(11))

Word in s. 444(3)(a) inserted (8.11.2006) by Education and Inspections Act 2006 (c. 40), ss. 109(5)(a), 188(1) (with s. 109(11))

S. 444(3)(b) repealed (8.11.2006) by Education and Inspections Act 2006 (c. 40), ss. 109(5)(b), 188(1), Sch. 18 Pt. 1 (with s. 109(11))

S. 444(3A)-(3F) inserted (1.9.2007) by Education and Inspections Act 2006 (c. 40), ss. 82(2), 188(3) (with s. 82(5)); S.I. 2007/1801, art. 4(d)

S. 444(4) substituted (1.9.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 20(2), 28(2); S.I. 2009/371, art. 2(2), Sch. Pt. 2

Words in s. 444(5) substituted and repealed (1.9.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 20(3), 28(2) and Sch. 2; S.I. 2009/371, art. 2(2), Sch. Pt. 2

Words in s. 444(6) substituted (1.9.2007) by Education and Inspections Act 2006 (c. 40), ss. 82(4), 188(3) (with s. 82(5)); S.I. 2007/1801, art. 4(d)

Words in s. 444(6) substituted (8.11.2006) by Education and Inspections Act 2006 (c. 40), ss. 109(6), 188(1) (with s. 109(11))

Words in s. 444(7) substituted (8.11.2006) by Education and Inspections Act 2006 (c. 40), ss. 109(7), 188(1) (with s. 109(11))

S. 444(7A)(7B) inserted (1.9.2007) by Education and Inspections Act 2006 (c. 40), ss. 109(8), 188(3) (with s. 109(11)); S.I. 2007/1801, art. 4(i)

S. 444(7A)(iii)(iiia) substituted for s. 444(7A)(iii) (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(7); S.I. 2012/924, art. 2

Words in s. 444(8) substituted (1.3.2001) by 2000 c. 43, s. 72(1)(b)(2); S.I. 2001/562, art. 2

S. 444(8A)(8B) inserted (1.3.2001) by 2000 c. 43, s. 72(1)(c)(2); S.I. 2001/562, art. 2

S. 444ZA inserted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), ss. 116, 125(4); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

S. 444ZA(1A)-(1D) inserted (1.9.2012) by Education and Skills Act 2008 (c. 25), ss. 155(2), 173(4); S.I. 2012/2197, art. 2(a)

Words in s. 444ZA(1D) substituted (29.6.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 55(2)(a), 78(2)(f)

Words in s. 444ZA(1D)(a) substituted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 1 para. 6; S.I. 2012/1087, art. 3 (with art. 4)

Words in s. 444ZA(1D) inserted (29.6.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 55(2)(b), 78(2)(f)

Words in s. 444ZA(2)(a) inserted (1.9.2012) by Education and Skills Act 2008 (c. 25), ss. 155(3), 173(4); S.I. 2012/2197, art. 2(a)

Words in s. 444ZA(4)(a) inserted (1.9.2012) by Education and Skills Act 2008 (c. 25), ss. 155(4)(a), 173(4); S.I. 2012/2197, art. 2(a)

Words in s. 444ZA(4)(b) inserted (1.9.2012) by Education and Skills Act 2008 (c. 25), ss. 155(4)(b), 173(4); S.I. 2012/2197, art. 2(a)

Words in s. 444ZA(4) inserted (1.9.2012) by Education and Skills Act 2008 (c. 25), ss. 155(4)(c), 173(4); S.I. 2012/2197, art. 2(a)

Words in s. 444ZA(5) inserted (1.9.2012) by Education and Skills Act 2008 (c. 25), ss. 155(5), 173(4); S.I. 2012/2197, art. 2(a)

Words in s. 444ZA(6) inserted (1.9.2012) by Education and Skills Act 2008 (c. 25), ss. 155(6), 173(4); S.I. 2012/2197, art. 2(a)

Words in s. 444ZA(6) substituted (8.11.2006) by Education and Inspections Act 2006 (c. 40), ss. 109(9), 188(1) (with s. 109(11))

S. 444ZA(7)(aa) inserted (1.9.2012) by Education and Skills Act 2008 (c. 25), ss. 155(7)(a), 173(4); S.I. 2012/2197, art. 2(a)

Words in s. 444ZA(7)(b) inserted (1.9.2012) by Education and Skills Act 2008 (c. 25), ss. 155(7)(b), 173(4); S.I. 2012/2197, art. 2(a)

S. 444ZA(8)(a)(iii)(iiia) substituted for s. 444ZA(8)(a)(iii) (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(8)(a); S.I. 2012/924, art. 2

Word in s. 444ZA(8)(b) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(8)(b); S.I. 2012/924, art. 2

Ss. 444A, 444B inserted (E.W.) (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 23(1), 93; S.I. 2003/3300, art. 3(a)(ii)

S. 444A(1)(b) substituted (1.9.2005) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 3 (with s. 119); S.I. 2005/2034, art. 5

Words in s. 444A removed (3.7.2013) by The Anti-Social Behaviour Act 2003 (Amendment to the Education Act 1996) (Wales) Order 2013 (S.I. 2013/1657), arts. 1, 2(1)

S. 444A(1)(b)(iii)(iv) substituted for s. 444A(1)(b)(iii) (1.9.2012) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 50; S.I. 2012/2197, art. 2(c)

Words in s. 444A removed (3.7.2013) by The Anti-Social Behaviour Act 2003 (Amendment to the Education Act 1996) (Wales) Order 2013 (S.I. 2013/1657), arts. 1, 2(1)

S. 444A(6) substituted (1.9.2007) by Education and Inspections Act 2006 (c. 40), ss. 110, 188(3); S.I. 2007/1801, art. 4(i)

Words in s. 444B removed (3.7.2013) by The Anti-Social Behaviour Act 2003 (Amendment to the Education Act 1996) (Wales) Order 2013 (S.I. 2013/1657), arts. 1, 2(1)

Words in s. 444B(4) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(9); S.I. 2012/924, art. 2

Words in s. 447(2) repealed (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(8)(a), Sch. 3 Pt. 1

S. 447(2A) inserted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(8)(b)

Words in s. 447(3) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(8)(c)

S. 448 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 118, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Pt. VI Ch. III heading substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 119 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

S. 449 and cross-heading substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 119 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 449 substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 119 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

S. 450(2)(c) substituted (1.9.2005) by Education Act 2005 (c. 18), s. 125(3)(a), Sch. 14 para. 17(2)

S. 450(3) inserted (1.9.2005) by Education Act 2005 (c. 18), s. 125(3)(a), Sch. 14 para. 17(3)

Words in s. 450(3) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 5 para. 12; S.I. 2012/924, art. 2

Words in s. 451(1) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 120(a), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 451(2A) inserted (1.10.2007) by Childcare Act 2006 (c. 21), ss. 17(2), 109(2); S.I. 2007/2717, art. 2(a)

Word in s. 451(2A)(a) omitted (10.1.2017) by virtue of The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (S.I. 2016/1257), regs. 1(2), 40(2)(a)

S. 451(2A)(c) and word inserted (10.1.2017) by The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (S.I. 2016/1257), regs. 1(2), 40(2)(b)

S. 451(3) substituted (25.5.2007 for E.) by Education and Inspections Act 2006 (c. 40), ss. 56(1), 188(3); S.I. 2007/935, art. 6(b) (with transitional provisions and savings in S.I. 2007/1271, art. 5)

Words in s. 451(3)(b) substituted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(8)(a)

Words in s. 451(4)(b) substituted (1.10.2002 for E. for certain purposes, 19.12.2002 for W. and otherwise prosp.) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 48(3) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

Words in s. 451(4)(b) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(8)(b)(i)

Words in s. 451(4)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 120(c) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 451(4)(c) and word inserted (1.10.2007) by Childcare Act 2006 (c. 21), ss. 17(3), 109(2); S.I. 2007/2717, art. 2(a)

S. 451(4)(d) and word inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(8)(b)(ii)

S. 451(5) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 120(d), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 455(1)(ba) inserted (1.9.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 22(2)(a), 28(2); S.I. 2009/371, art. 2(2), Sch. Pt. 2

Words in s. 455(1)(c) inserted (1.9.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 22(2)(b), 28(2); S.I. 2009/371, art. 2(2), Sch. Pt. 2

Words in s. 455(1)(c) substituted (1.9.2007 for specified purposes) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 10 para. 3; S.I. 2007/1801, art. 4(l)

Words in s. 455(1)(c) repealed (1.9.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 22(2)(b), 28(2), Sch. 2; S.I. 2009/371, art. 2(2), Sch. Pt. 2

Word in s. 455(2)(b) repealed (1.9.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 22(2)(c), 28(2), Sch. 2; S.I. 2009/371, art. 2(2), Sch. Pt. 2

S. 455(2)(ba) inserted (1.9.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 22(2)(d), 28(2); S.I. 2009/371, art. 2(2), Sch. Pt. 2

Words in s. 455(3) inserted (1.9.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 22(2)(e), 28(2); S.I. 2009/371, art. 2(2), Sch. Pt. 2

Words in s. 456(1) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 121, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 456(3) inserted (1.9.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 22(3), 28(2); S.I. 2009/371, art. 2(2), Sch. Pt. 2

S. 456(4)(aa) inserted (15.1.2012) by Education Act 2011 (c. 21), ss. 48(2), 82(2)(d)

Words in s. 456(5) substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 48(3), 82(2)(d)

Words in s. 456(6) inserted (25.5.2007 for E.) by Education and Inspections Act 2006 (c. 40), ss. 56(2), 188(3); S.I. 2007/935, art. 6(b)

S. 456(6A) inserted (15.1.2012) by Education Act 2011 (c. 21), ss. 48(4), 82(2)(d)

Words in s. 457(1) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 122(a), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Words in s. 457(3) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 122(b), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

S. 457(4)(b) substituted (31.3.2003 for W., 6.4.2003 for E.) by Education Act 2002 (c. 32), ss. 200, 216(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 5

S. 457(4)(b)(ai) inserted (29.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 38; S.I. 2013/983, art. 3(1)(b)(i)

S. 457(4)(b)(iia) inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 16(2); S.I. 2008/787, art. 2(4)(f)

Words in s. 458(1) inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(19)(a); S.I. 2021/373, art. 8(j)(viii)

Words in s. 458(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 123(a)(i) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 458(1) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 123(a)(ii), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

S. 458(2)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 123(b)(i), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 458(2)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 123(b)(ii) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 458(3) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 123(c), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 458(4)(b) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 123(d), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 458(6) inserted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(19)(b); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

S. 463 substituted (1.9.2003 for E., 1.1.2004 for W.) by Education Act 2002 (c. 32), ss. 172, 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/2961, art. 6, Sch. Pt. III

Words in s. 463(1)(b) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 43(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 463(1)(b) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(20); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 463(1)(b) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 154

Words in s. 463(1) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 43(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Ss. 464-478 repealed (1.9.2003 for E., 1.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/2961, art. 6, Sch. Pt. III

S. 479 repealed (1.9.1997) by 1997 c. 59, ss. 1(1)(a)(b)(3), 6(3), 7(3)(a), Sch., Pt.I.

S. 480 repealed (1.9.1997) by 1997 c. 59, ss. 1(1)(a)(b)(3), 6(3), 7(3), Sch. Pt.I.

S. 481 repealed (1.9.1997) by 1997 c. 59, ss. 1(1)(a)(b)(3), 6(3), 7(3), Sch. Pt.I.

S. 482 repealed (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 14 para. 16; S.I. 2012/84, art. 3 (with art. 5)

S. 483 repealed (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 5; S.I. 2010/1937, art. 2, Sch. 1

Words in s. 483A heading inserted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(21)(e); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

S. 483A inserted (1.10.2000) by 2000 c. 21, s. 133 (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I

Words in s. 483A(1) omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(21)(a); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 483A(2)(a) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 44(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 483A(2)(a) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(21)(b); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 483A(2)(b) substituted (26.7.2002) by Education Act 2002 (c. 32), ss. 65, 216; Sch. 7 Pt. 2 para. 6(4)(a); (with savings in ss. 210(8), 214(4)) S.I. 2002/2002, art. 2

S. 483A(3) omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(21)(c); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

S. 483A(3)(a)(b) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 147(5), 173(4); S.I. 2009/1513, art. 3

Words in s. 483A(3)(a) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 44(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 483A(4) substituted (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 147(6), 173(4); S.I. 2009/1513, art. 3

Words in s. 483A(4)(a) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(21)(d)(i); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 483A(4)(b) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(21)(d)(ii); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

S. 483A(6A) added (1.9.2009) by Education and Skills Act 2008 (c. 25), ss. 147(7), 173(4); S.I. 2009/1513, art. 3

S. 483A(7) ceased to have effect (26.7.2002) and repealed (1.10.2002 for E., otherwise prosp.) by Education Act 2002 (c. 32), ss. 65(3), 215, 216(4), Sch. 7 para. 6(4)(b), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2; S.I. 2002/2439, art. 3

S. 484 sidenote substituted (1.2.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 125(c) (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2, Sch. 1

Words in s. 484 substituted (31.3.2003 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 49(2) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 4 (with art. 7)

Words in s. 484(1) substituted (1.2.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 125(a) (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2, Sch. 1

Words in s. 484(1) inserted (31.3.2003 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 49(3) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 4 (with art. 7)

Words in s. 484(2) repealed (31.3.2003 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 49(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 4 (with art. 7)

Words in s. 484(3)(4) substituted (1.2.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 125(b) (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2, Sch. 1

S. 484(6) repealed (31.3.2003 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 49(5), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 4 (with art. 7)

Words in s. 484(7) substituted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 2(3); S.I. 2014/178, art. 2(f) (with art. 3)

Ss. 486-488 repealed (1.4.2003 for E. for specified purposes, 6.11.2006 for E. so far as not already in force, 2.1.2008 for W.) by Education Act 2002 (c. 32), ss. 18(1)(g), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2006/2895, art. 2; S.I. 2007/3611, art. 4(1), Sch. Pt. 1

Words in s. 489(2)(a) substituted (1.2.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.126 (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2, Sch. 1.

S. 490 repealed (1.4.2003 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 18(1)(g), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2003/1718, art. 4, Sch. Pt. I)

S. 491 repealed (1.4.2003 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), ss. 18(1)(h), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2007/3611, art. 4(1), Sch. Pt. 1

S. 492 repealed (1.4.2003 for E., 9.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2003/2961, art. 7, Sch. Pt. IV

S. 493(2)(2A) substituted for s. 493(2) (1.4.2003 for E., 9.1.2004 for W.) by Education Act 2002 (c. 32), ss. 208(1), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2003/2961, art. 7, Sch. Pt. IV

S. 494 substituted (1.4.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.128 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(4), Sch.1 Pt. IV.

Words in s. 494(1) substituted (1.11.2005 for E., 1.4.2010 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 5(2) (with s. 119); S.I. 2005/2034, art. 8; S.I. 2010/735, art. 2(e)

Words in s. 494(2) substituted (1.11.2005 for E., 1.4.2010 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 5(2) (with s. 119); S.I. 2005/2034, art. 8; S.I. 2010/735, art. 2(e)

Words in s. 494(3) substituted (1.11.2005 for E., 1.4.2010 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 5(2) (with s. 119); S.I. 2005/2034, art. 8; S.I. 2010/735, art. 2(e)

S. 494(6) inserted (1.11.2005 for E., 1.4.2010 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 5(3) (with s. 119); S.I. 2005/2034, art. 8; S.I. 2010/735, art. 2(e)

Words in s. 496(2)(a) inserted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 2(4)(a); S.I. 2014/178, art. 2(f) (with art. 3)

Word in s. 496(2)(a) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 129(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 496(2)(b) substituted (1.9.1999) for s. 496(2)(b)(c) by 1998 c. 31, ss. 140(1), 145(3), Sch. 30 para. 129(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 496(2)(b) substituted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 168(1), 188(2)

Words in s. 496(2)(b) inserted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 2(4)(b); S.I. 2014/178, art. 2(f) (with art. 3)

S. 496(3)(4) omitted (1.8.2012) by virtue of Education Act 2011 (c. 21), ss. 45(2)(b), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

S. 496(5) inserted (12.1.2010 for specified purposes, 1.4.2010 in so far as not already in force) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 7; S.I. 2009/3317, art. 2, Sch. (with art. 3); S.I. 2010/303, art. 3, Sch. 2

Words in s. 497(2)(a) inserted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 2(5)(a); S.I. 2014/178, art. 2(f) (with art. 3)

Word in s. 497(2)(a) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 130(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 497(2)(b)(c) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 130(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Words in s. 497(2)(b) inserted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 2(5)(b); S.I. 2014/178, art. 2(f) (with art. 3)

Words in s. 497(2)(b) substituted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 168(2), 188(2)

S. 497(4)(5) omitted (1.8.2012) by virtue of Education Act 2011 (c. 21), ss. 45(2)(c), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

S. 497(6) inserted (12.1.2010 for specified purposes, 1.4.2010 in so far as not already in force) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 8; S.I. 2009/3317, art. 2, Sch. (with art. 3); S.I. 2010/303, art. 3, Sch. 2

Words in s. 497A title substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(9)(a)

S. 497A inserted (1.10.1998) by 1998 c. 31, s. 8 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch.1 Pt. I.

S. 497A(1) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(9)(b)

Words in s. 497A(1) substituted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 2(6); S.I. 2014/178, art. 2(f) (with art. 3)

Words in s. 497A(2) substituted (26.7.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 60(3), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

S. 497A(2A) inserted (26.7.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 60(4), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

S. 497A(3) repealed (26.7.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 60(5), 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

S. 497A(4) substituted (26.7.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 60(6), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

S. 497A(4A)(4B) inserted (26.7.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 60(7), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

Ss. 497A(4AA)-(4AC) inserted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 101(2), 139(4)

S. 497A(5) substituted (26.7.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 60(8), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

S. 497A(6)(b) substituted (26.7.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 60(9), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

Words in s. 497A(7) substituted (26.7.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 60(10), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

S. 497A(8) inserted (12.1.2010 for specified purposes, 1.4.2010 in so far as not already in force) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 9; S.I. 2009/3317, art. 2, Sch. (with art. 3); S.I. 2010/303, art. 3, Sch. 2

S. 497AA inserted (26.7.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 61, 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

S. 497B inserted (1.10.1998) by 1998 c. 31, s. 8 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I

Words in s. 497B(1) substituted (1.10.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 62(3), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

S. 497B(1A) inserted (1.10.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 62(3), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

S. 497C inserted (29.6.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 56, 78(2)(g)

S. 498(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.131 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Words in s. 499(1) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(10)(a)

Words in s. 499(3) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(10)(b)

Words in s. 499(5)(b) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(10)(c)

S. 499(6)-(9) added (1.10.1998) by 1998 c. 31, s.9 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt.I

S. 499(9) substituted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 50 (with ss. 210(8), 214(4)); S.I. 2003/2071, art. 2 (with art. 2(2)); S.I. 2005/2910, art. 4, Sch.

S. 500 repealed (1.4.1999 to the extent that it relates to s. 500(2) and words in s. 502(3)(4) and 1.9.1999 otherwise) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 132, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1

S. 501 repealed (1.4.1999 to the extent that it relates to s. 501(1)(a) and 1.9.1999 otherwise) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 132, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1

S. 502 repealed (1.4.1999 to the extent that it relates to s. 502(6) and 1.9.1999 otherwise) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 132, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/1016, Art. 2(1), Sch. 1; S.I. 1999/2323, art. 2(1), Sch. 1

S. 503 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 132, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 504 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 132, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 505 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3) Sch. 30 para. 132, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 507 repealed (7.6.2005) by Inquiries Act 2005 (c. 12), s. 51(1), Sch. 2 para. 15, Sch. 3 (with ss. 44, 50); S.I. 2005/1432, art. 2

S. 507A - S. 507B inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 6(1), 188(2)

Words in s. 507B(2)(b) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 45; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 507B(2)(b) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 28 (with art. 2(3))

Words in s. 507B(12) substituted (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), art. 1(2), Sch. 2 para. 10 (with art. 12)

Word in s. 508 heading substituted (8.1.2007) by Education and Inspections Act 2006 (c. 40), s. 188(2), Sch. 1 para. 4(b)

Words in s. 508(1) inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), s. 188(2), Sch. 1 para. 4(a)

Words in s. 508(1) substituted (1.4.2001) by 2000 c. 21, s. 137(2), (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II; S.I. 2001/1274, art. 2(1), Sch. Pt. I

S. 508(1A) inserted (1.4.2001) by 2000 c. 21, s. 137(3) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II; S.I. 2001/1274, art. 2(1), Sch. Pt. I

Words in s. 508(1A) inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), s. 188(2), Sch. 1 para. 4(a)

Words in s. 508(2) substituted (1.4.2001) by 2000 c. 21, s. 137(4), (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II; S.I. 2001/1274, art. 2(1), Sch. Pt. I

S. 508(4) inserted (1.8.2024) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 8(7) (with s. 19); S.I. 2024/806, art. 2(k)(vi) (with art. 28)

S. 508A inserted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 76, 188(3); S.I. 2007/935, art. 5(l)

Words in s. 508A(5)(b) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(10)(a); S.I. 2012/924, art. 2

Words in s. 508A(6)(b) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(10)(b); S.I. 2012/924, art. 2

Ss. 508B-508D inserted (1.4.2007 for the insertion of ss. 508B(11), 508D, 1.9.2007 in so far as not already in force) by Education and Inspections Act 2006 (c. 40), ss. 77(1), 188(3); S.I. 2007/935, art. 5(m); S.I. 2007/1801, art. 4(b)

Words in s. 508C(6)(b) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(11); S.I. 2012/924, art. 2

S. 508E inserted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 78(1), 188(3); S.I. 2007/935, art. 5(n)

Ss. 508F-508I inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 57(2), 269(4); S.I. 2010/303, art. 3, Sch. 2 (with art. 8)

Words in s. 508F(3) substituted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 7(3)(a)

Words in s. 508F(7) substituted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 7(3)(b)

Words in s. 508F(9) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 46; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 508G(1)(ba) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(12); S.I. 2012/924, art. 2

Words in s. 508I title substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 47; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 509 heading substituted (1.9.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 10 para. 4(7); S.I. 2007/1801, art. 4(l) (with art. 5(1))

S. 509 repealed (1.9.2009 for W.) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 2; S.I. 2009/371, art. 2(2), Sch. Pt. 2; and (1.4.2010 for all remaining purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 57(4), 269(4), Sch. 16 Pt. 1; S.I. 2010/303, art. 3, Sch. 2 (with art. 8)

S. 509AA inserted (20.1.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 19 para. 3 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/1718, art. 5, Sch. Pt. II

Words in s. 509AA title substituted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 10(1); S.I. 2009/3317, art. 2, Sch.

Words in s. 509AA(1) inserted (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(2)(a); S.I. 2009/371, art. 2(1), Sch. Pt. 1

Word in s. 509AA(2)(c) omitted (1.4.2012) by virtue of Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(13)(a); S.I. 2012/924, art. 2

S. 509AA(2)(ca) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(13)(a); S.I. 2012/924, art. 2

Words in s. 509AA(2)(d) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(13)(b); S.I. 2012/924, art. 2

Words in s. 509AA(2)(d) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 29 (with art. 2(3))

Words in s. 509AA(2)(d) repealed (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(2)(b), Sch. 2; S.I. 2009/371, art. 2(1), Sch. Pt. 1

Words in s. 509AA(9) substituted (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(2)(c); S.I. 2009/371, art. 2(1), Sch. Pt. 1

S. 509AA(9A) repealed (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(2)(d), Sch. 2; S.I. 2009/371, art. 2(1), Sch. Pt. 1

Words in s. 509AA(10) repealed (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(2)(e), Sch. 2; S.I. 2009/371, art. 2(1), Sch. Pt. 1

Words in s. 509AA(10) substituted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 55(2), 269(4); S.I. 2009/3317, art. 2, Sch. (with art. 3)

S. 509AA(11) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 56(3), 269(4); S.I. 2009/3317, art. 2, Sch. (with art. 3)

S. 509AB inserted (20.1.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 19 para. 4 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/1718, art. 5, Sch. Pt. II

Words in s. 509AB title substituted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 10(2); S.I. 2009/3317, art. 2, Sch.

Words in s. 509AB(1) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 48(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 509AB(2)(b) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 48(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 509AB(3)(ba) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 53, 269(4); S.I. 2010/303, art. 3, Sch. 2

Words in s. 509AB(3)(c) substituted (7.3.2009) by Education and Skills Act 2008 (c. 25), ss. 83(a), 173(4); S.I. 2009/387, art. 3(1) (with art. 3(2))

Words in s. 509AB(3)(c) substituted (7.3.2009) by Education and Skills Act 2008 (c. 25), ss. 83(b), 173(4); S.I. 2009/387, art. 3(1) (with art. 3(2))

S. 509AB(3A) inserted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 10 para. 5(a); S.I. 2007/935, art. 5(ee)

S. 509AB(4) repealed (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(3)(a), Sch. 2; S.I. 2009/371, art. 2(1), Sch. Pt. 1

Words in s. 509AB(5) substituted (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(3)(b); S.I. 2009/371, art. 2(1), Sch. Pt. 1

Words in s. 509AB(5) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 30(a) (with art. 2(3))

S. 509AB(6)(c) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 30(b), Sch. 2 Pt. 1 (with art. 2(3))

S. 509AB(6)(ca) inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 54, 269(4); S.I. 2010/303, art. 3, Sch. 2 (with art. 8)

Words in s. 509AB(6)(d) substituted (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 83(2)(b), 188(3); S.I. 2007/935, art. 5(o) (with art. 8(7))

Words in s. 509AB(6)(d) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 30(c) (with art. 2(3))

Words in s. 509AB(6)(d) repealed (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(3)(c)(ii), Sch. 2; S.I. 2009/371, art. 2(1), Sch. Pt. 1

Words in s. 509AB(7)(a) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(11)(a)

Words in s. 509AB(7)(a) substituted (9.2.2009) by Local Transport Act 2008 (c. 26), Sch. 4 paragraph 60(2).

Words in s. 509AB(7)(b) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(11)(b)

S. 509AB(7A) inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 55(1), 269(4); S.I. 2009/3317, art. 2, Sch. (with art. 3)

S. 509AB(8) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 30(d), Sch. 2 Pt. 1 (with art. 2(3))

S. 509AC inserted (20.1.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 19 para. 5 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/1718, art. 5, Sch. Pt. II

S. 509AC(2) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a)(b), Sch. 1 para. 31(a), Sch. 2 Pt. 1 (with art. 2(3))

S. 509AC(3) repealed (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(4)(a), Sch. 2; S.I. 2009/371, art. 2(1), Sch. Pt. 1

Words in s. 509AC(4) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 49; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 509AC(4) substituted (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 31(b) (with art. 2(3))

Words in s. 509AC(5) substituted by 2010 c. 15, Sch. 26 Pt. 1 para. 38 (as inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 5) (see S.I. 2010/2317, art. 2)

Words in s. 509AC(6) repealed (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(4)(b), Sch. 2; S.I. 2009/371, art. 2(1), Sch. Pt. 1

S. 509AC(7) repealed (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(4)(c), Sch. 2; S.I. 2009/371, art. 2(1), Sch. Pt. 1

S. 509AD inserted (1.4.2007 for specified purposes, 1.9.2007 for specified purposes) by Education and Inspections Act 2006 (c. 40), ss. 84, 188(3); S.I. 2007/935, art. 5(p); S.I. 2007/1801, art. 4(e)

Words in s. 509AD(1) substituted (7.3.2009) by Education and Skills Act 2008 (c. 25), ss. 84, 173(4); S.I. 2009/387, art. 3(1) (with art. 3(3))

Words in s. 509AD(2) substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 57(3), 269(4); S.I. 2010/303, art. 3, Sch. 2 (with art. 8)

S. 509AE inserted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 56(2), 269(4); S.I. 2009/3317, art. 2, Sch. (with art. 3)

Words in s. 509A title substituted (12.1.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 10(3); S.I. 2009/3317, art. 2, Sch.

Words in s. 509A heading substituted (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 23(a); S.I. 2008/2261, art. 2 (with Sch. 1)

S. 509A inserted (1.4.1999) by 1998 c. 31, s. 124 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(4), Sch. 1 Pt. IV

Words in s. 509A(1) inserted (1.9.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(5)(a); S.I. 2009/371, art. 2(2), Sch. Pt. 2

Words in s. 509A(1)(b) substituted (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 23(a); S.I. 2008/2261, art. 2 (with Sch. 1)

Words in s. 509A(3) and 509A(4)(b) substituted (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 23(a); S.I. 2008/2261, art. 2 (with Sch. 1)

S. 509A(4A) inserted (20.1.2003 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 19 para. 6 (with ss. 210(8), 214(4)); S.I. 2002/2952, art. 2; S.I. 2003/1718, art. 5, Sch. Pt. II

Words in s. 509A(4A) inserted (1.9.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(5)(b); S.I. 2009/371, art. 2(2), Sch. Pt. 2

S. 509A(5) substituted (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 23(b); S.I. 2008/2261, art. 2 (with Sch. 1)

Words in s. 509A(5)(a) repealed (1.9.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(5)(c), Sch. 2; S.I. 2009/371, art. 2(2), Sch. Pt. 2

Words in s. 509A(5)(a) renumbered as s. 509A(5)(a)(i) (10.1.2017) by The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (S.I. 2016/1257), regs. 1(2), 40(3)(a)

S. 509A(5)(a)(ii) and word inserted (10.1.2017) by The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (S.I. 2016/1257), regs. 1(2), 40(3)(b)

S. 509A(5)(b) repealed (1.9.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), s. 28(2), Sch. 1 para. 4(5)(c), Sch. 2; S.I. 2009/371, art. 2(2), Sch. Pt. 2

Words in s. 510(1)(a)(c) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 134(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Words in s. 510(2) inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(22); S.I. 2021/373, art. 8(j)(ix)

Words in s. 510(3)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 134(b), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Words in s. 510(4)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 134(c), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Words in s. 510(4)(b) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(14); S.I. 2012/924, art. 2

Words in s. 510(4)(c) substituted (8.1.2007) by Education and Inspections Act 2006 (c. 40), s. 188(2), Sch. 1 para. 5

Words in s. 510(5)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 134(d), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Ss. 512-512ZB substituted for s. 512 (31.3.2003 for W. for specified purposes, 6.4.2003 for E. for specified purposes) by Education Act 2002 (c. 32), ss. 201(1), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 5 (with art. 6)

Words in s. 512(1)(c) substituted (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 24(a); S.I. 2008/2261, art. 2 (with Sch. 1)

Words in s. 512(4) substituted (8.11.2006) by Education and Inspections Act 2006 (c. 40), ss. 86(2), 188(1) (with s. 86(3))

Words in s. 512(4) inserted (2.9.2013) by Healthy Eating in Schools (Wales) Measure 2009 (nawm 3), ss. 8(2)(a), 12(3); S.I. 2013/1985, art. 2(b)

S. 512(4A) inserted (2.9.2013) by Healthy Eating in Schools (Wales) Measure 2009 (nawm 3), ss. 8(2)(b), 12(3); S.I. 2013/1985, art. 2(b)

Words in s. 512(6) substituted (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 24(b); S.I. 2008/2261, art. 2 (with Sch. 1)

Word in s. 512ZA heading substituted (8.11.2006) by Education and Inspections Act 2006 (c. 40), ss. 87(1)(c), 188(1)

Word in s. 512ZA(1) substituted (8.11.2006) by Education and Inspections Act 2006 (c. 40), ss. 87(1)(a), 188(1)

S. 512ZA(1A) inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 35(2)(a), 82(3); S.I. 2012/84, art. 3

Words in s. 512ZA(1A) omitted (4.5.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), ss. 91(2)(a), 100(3)

S. 512ZA(2) omitted (4.5.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), ss. 91(2)(b), 100(3)

Words in s. 512ZA(2) substituted (8.11.2006) by Education and Inspections Act 2006 (c. 40), ss. 87(1)(b), 188(1)

Words in s. 512ZB(2)(a) substituted (17.8.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 32(a), 78(5); S.I. 2026/803, reg. 4

Word in s. 512ZB(4) inserted (25.5.2010) by Child Poverty Act 2010 (c. 9), ss. 26(1)(a), 31(2)

Words in s. 512ZB(4)(a) substituted (25.5.2010) by Child Poverty Act 2010 (c. 9), ss. 26(1)(b)(i), 31(2)

S. 512ZB(4)(a)(ai) inserted (29.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 39(a); S.I. 2013/983, art. 3(1)(b)(i)

S. 512ZB(4)(a)(i)-(iia) repealed (31.3.2022) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2018/145, art. 2 (with art. 3) (as amended by S.I. 2019/655, art. 2)

S. 512ZB(4)(a)(iv) omitted (25.5.2010) by virtue of Child Poverty Act 2010 (c. 9), ss. 26(1)(b)(iii), 31(2)

S. 512ZB(4)(aa) inserted (25.5.2010) by Child Poverty Act 2010 (c. 9), ss. 26(1)(c), 31(2)

S. 512ZB(4)(aa)(ii) repealed (31.3.2022) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2018/145, art. 2 (with art. 3) (as amended by S.I. 2019/655, art. 2)

Words in s. 512ZB(4)(b) substituted (25.5.2010) by Child Poverty Act 2010 (c. 9), ss. 26(1)(d)(i), 31(2)

S. 512ZB(4)(b)(ai) inserted (29.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 39(b); S.I. 2013/983, art. 3(1)(b)(i)

S. 512ZB(4)(b)(i)-(iia) repealed (31.3.2022) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2018/145, art. 2 (with art. 3) (as amended by S.I. 2019/655, art. 2)

S. 512ZB(4)(b)(iii) omitted (25.5.2010) by virtue of Child Poverty Act 2010 (c. 9), ss. 26(1)(d)(iii), 31(2)

S. 512ZB(4)(c) inserted (25.5.2010) by Child Poverty Act 2010 (c. 9), ss. 26(1)(e), 31(2)

S. 512ZB(4)(c)(ii) and word repealed (31.3.2022) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2018/145, art. 2 (with art. 3) (as amended by S.I. 2019/655, art. 2)

Ss. 512ZB(4A)-(4C) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), ss. 106(2)(b), 139(6); S.I. 2014/889, art. 7(d)

S. 512ZB(4D) inserted (17.8.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 32(b), 78(5); S.I. 2026/803, reg. 4

Words in s. 512ZB(5) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), ss. 106(2)(c), 139(6); S.I. 2014/889, art. 7(d)

S. 512ZC inserted (2.9.2013) by Healthy Eating in Schools (Wales) Measure 2009 (nawm 3), ss. 7, 12(3) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2013/1985, art. 2(b)

S. 512A inserted (1.2.1999) by 1998 c. 31, s. 116 (with ss. 138(9), 144(6)); S.I. 1998/3198, art. 2(2), Sch.

Words in s. 512A(2)(a) substituted (31.3.2003 for W., 6.4.2003 for E.) by Education Act 2002 (c. 32), ss. 201(2)(a)(i), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 5 (with art. 6)

Words in s. 512A(2)(b) substituted (31.3.2003 for W., 6.4.2003 for E.) by Education Act 2002 (c. 32), ss. 201(2)(a)(ii), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 5 (with art. 6)

Words in s. 512A(2)(c) substituted (31.3.2003 for W., 6.4.2003 for E.) by Education Act 2002 (c. 32), ss. 201(2)(a)(iii), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 5 (with art. 6)

S. 512A(4)(b) substituted (7.6.2005) by Education Act 2005 (c. 18), ss. 112, 125(2)

Words in s. 512A(6) substituted (31.3.2003 for W., 6.4.2003 for E.) by Education Act 2002 (c. 32), ss. 201(2)(b), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 5 (with art. 6)

Words in s. 512A(6) omitted (4.5.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(3), Sch. 5 para. 31(1)

Words in s. 512A(7) substituted (1.9.2003 for E.; 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 52 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

S. 512B inserted (1.9.2014) by Children and Families Act 2014 (c. 6), ss. 106(3), 139(6); S.I. 2014/889, art. 7(d)

S. 512B(4) inserted (29.6.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 31(1), 78(2)(c)

S. 512C inserted (29.6.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 31(2), 78(2)(c)

Words in s. 514(1)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.135 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Words in s. 514(2) inserted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(23)(a); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

S. 514(8) inserted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(23)(b); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

S. 514A inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 46, 269(4); S.I. 2010/303, art. 3, Sch. 2

Words in s. 514A title substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 50(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 514A(1) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 50(2)(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 514A(1)(a) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 50(2)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 514A(1)(b) omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 50(2)(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 515(1) inserted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 25(2); S.I. 2008/2261, art. 2 (with Sch. 1)

Words in s. 515(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.136 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Words in s. 515(3)(b) inserted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 25(3)(a); S.I. 2008/2261, art. 2 (with Sch. 1)

Words in s. 515(3)(c) substituted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 25(3)(b); S.I. 2008/2261, art. 2 (with Sch. 1)

S. 515(4) substituted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 25(4); S.I. 2008/2261, art. 2 (with Sch. 1)

Words in s. 515(4) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 155

S. 516 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 137, Sch.31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(4), Sch.1 Pt. IV.

Words in s. 517(1) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 51; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 517(1) omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(24)(a); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

S. 517(6)(e) omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(24)(b); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

S. 517(8)(9) inserted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(24)(c); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

S. 518 substituted (1.2.1999) by 1998. c. 31, s. 129 (with ss. 138(9), 144(6)) (subject to savings indicated in S.I. 1999/120, art. 3(2)); S.I. 1999/120, art. 2, Sch. 1

Words in s. 519(1) substituted (20.11.1998 for the purposes of making schemes and regulations and 1.4.1999 for all other purposes) by 1998 c. 31, s. 140(1), Sch. 30 para. 139(2) (with ss. 138(9), 144(6)); S.I. 1998/2791, art. 2(a)(b).

Words in s. 519(3) substituted (20.11.1998 for the purposes of making schemes and regulations and 1.4.1999 for all other purposes) by 1998 c. 31, s. 140(1), Sch. 30 para. 139(3) (with ss. 138(9), 144(6)); S.I. 1998/2791, art. 2(a)(b).

Words in s. 519(3)(b) inserted (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 6 (with art. 3)

S. 519(7) added (20.11.1998 for the purposes of making schemes and regulations and 1.4.1999 for all other purposes) by 1998 c. 31, s. 140(1), Sch. 30 para. 139(4) (with ss. 138(9), 144(6)); S.I. 1998/2791, art. 2(a)(b).

Words in s. 520(1) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 184 (with Sch. 3 Pt. 1)

S. 520(3) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 140, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Word in s. 521(4)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 141, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

S. 521(4)(b) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 141, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Sidenote substituted (1.9.1999) by 1998 c. 31, ss. 140(1), Sch. 30 para. 142(c) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Word in s. 524(1) substituted (1.9.1999) by 1998 c. 31, ss. 140(1), 145(3), Sch. 30 para. 142(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

S. 524(3)(b) and the word "or" preceding it repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 142(b), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Words in s. 525(3) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para.143, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

S. 527A and cross-heading inserted (1.4.1998) by 1997 c. 44, s.9 (with s. 57(3)); S.I. 1998/386, art. 2(2), Sch. 1 Pt. II

S. 527A repealed (1.3.2005 for E., 1.9.2006 for W.) by Children Act 2004 (c. 31), Sch. 5 Pt. 1; S.I. 2005/394, art. 2(1)(l); S.I. 2006/885, art. 3(b)

S. 527A inserted (1.4.1998) by 1997 c. 44, s. 9 (with s. 57(3)); S.I. 1998/386, art. 2(2), Sch. 1 Pt. II.

S. 528 repealed (1.9.2002) by 2001 c.10, ss. 34(3), 42(6), Sch. 9 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

S. 529(1A) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 10(2); S.I. 2007/935, art. 7(o)

Words in s. 529(2) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 10(3)(a); S.I. 2007/935, art. 7(o)

Words in s. 529(2) repealed (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 10(3)(b), Sch. 18 Pt. 3; S.I. 2007/935, art. 7(o)(q)

Words in s. 529(2) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 10(3)(c); S.I. 2007/935, art. 7(o)

Words in s. 529(2) substituted (1.10.2013) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 17(5)(a); S.I. 2013/1800, art. 3(j)

Words in s. 529(2) substituted (1.10.2013) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 17(5)(b); S.I. 2013/1800, art. 3(j)

Words in s. 529(3) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 10(4)(a); S.I. 2007/935, art. 7(o)

Words in s. 529(3) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 145(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Words in s. 529(3) inserted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 10(4)(b); S.I. 2007/935, art. 7(o)

S. 530(1)(c) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 11(2); S.I. 2007/935, art. 7(o)

Words in s. 530(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 146(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Words in s. 530(3) substituted (25.5.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 3 para. 11(3); S.I. 2007/935, art. 7(o)

Words in s. 530(3)(a) repealed (1.4.2010) by The Apprenticeships, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (S.I. 2010/1080), art. 1(2)(a), Sch. 1 para. 32, Sch. 2 Pt. 1 (with art. 2(3))

Words in s. 530(3)(b) substituted (W.) (1.10.2013) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 17(6); S.I. 2013/1800, art. 3(j)

Words in s. 530(3)(b) omitted (W.) (5.4.2025) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 8(8) (with s. 19); S.I. 2025/432, art. 2(ll)(i)

Words in s. 531(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.147 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Words in s. 532 substituted (1.1.2008) (with effect in accordance with s. 18(9) of the commencing S.I.) by Children Act 2004 (c. 31), s. 67(2), Sch. 2 para. 4(2); S.I. 2007/1792, art. 2

Ss. 532A-532C repealed (15.11.2015) by Education Act 2011 (c. 21), s. 75(3)

Word in s. 533 heading substituted (8.11.2006) by Education and Inspections Act 2006 (c. 40), ss. 87(2)(c), 188(1)

Words in s. 533(2) substituted (1.4.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 148(a) (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1.

Words in s. 533(3) inserted (1.4.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 148(b) (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1.

Words in s. 533(3) substituted (8.11.2006) by Education and Inspections Act 2006 (c. 40), ss. 87(2)(a), 188(1)

S. 533(3A) inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 35(3)(a), 82(3); S.I. 2012/84, art. 3

Words in s. 533(3A) omitted (4.5.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), ss. 91(3)(a), 100(3)

S. 533(4) omitted (4.5.2013) by virtue of School Standards and Organisation (Wales) Act 2013 (anaw 1), ss. 91(3)(b), 100(3)

S. 533(4) inserted (8.11.2006) by Education and Inspections Act 2006 (c. 40), ss. 87(2)(b), 188(1)

S. 534 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 149, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Words in s. 535(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.150 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Words in s. 535(1) inserted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 26(2); S.I. 2008/2261, art. 2 (with Sch. 1)

Words in s. 535(3)(b) inserted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 26(3)(a); S.I. 2008/2261, art. 2 (with Sch. 1)

Words in s. 535(3)(c) substituted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 26(3)(b); S.I. 2008/2261, art. 2 (with Sch. 1)

S. 535(4) substituted (1.9.2008) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 26(4); S.I. 2008/2261, art. 2 (with Sch. 1)

Words in s. 535(4) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 156

S. 536 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 151, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

S. 537(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 152(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 537(1)(b) renumbered as s. 537(1)(b)(i) (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(15); S.I. 2012/924, art. 2

S. 537(1)(b)(ii) and word inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(15); S.I. 2012/924, art. 2

Words in s. 537(4) added (14.6.1997) by 1997 c. 44, s. 57(1), Sch. 7 para. 37; S.I. 1997/1468, art. 2(1), Sch. 1 Pt. I

Words in s. 537(7)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 152(b), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 537(7)(b) substituted (28.7.2000 for certain purposes, otherwise prosp.) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 60 (with s. 150)

Words in s. 537(7)(b) substituted (26.7.2002) by Education Act 2002 (c. 32), ss. 65(3), 216(2), Sch. 7 para. 6(5) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2

S. 537(9)(10) repealed (1.9.2003 for E., 1.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/2961, art. 6, Sch. Pt. III

S. 537A substituted (20.11.1998 with savings as mentioned in art. 5 of the S.I. 1998/2791) by 1998 c. 31, s. 140(1), Sch. 30 para.153 (with ss. 138(9), 144(6)); S.I. 1998/2791, arts.3, 5

Words in s. 537A(1)(b) renumbered as s. 537A(1)(b)(i) (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 7 (with art. 3)

S. 537A(1)(b)(ii) and word inserted (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 7 (with art. 3)

S. 537B inserted (28.3.2007 for E., 1.9.2009 for W.) by Education and Inspections Act 2006 (c. 40), ss. 164, 188(3); S.I. 2007/935, art. 2; S.I. 2009/1027, art. 3(b)

Words in s. 537B(9) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(9)

S. 537C substituted (1.8.2011) by The Charities Act 2006 (Principal Regulators of Exempt Charities) Regulations 2011 (S.I. 2011/1726), regs. 1(2), 8

Words in s. 537C(1)(a) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 74(a) (with s. 20(2), Sch. 8)

Words in s. 537C(2) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 74(b) (with s. 20(2), Sch. 8)

Words in s. 538 substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.154 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

S. 538A inserted (1.2.2012) by Education Act 2011 (c. 21), ss. 20, 82(3); S.I. 2012/84, art. 3

S. 539 repealed (1.11.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 155, Sch.31 (with ss. 138(9), 144(6) and subject to savings by S.I. 1999/2323, art. 21); S.I. 1999/2323, art. 2(2), Sch. 2.

S. 540(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.156 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 541(1)(b) substituted (28.7.2000 for certain purposes, otherwise prosp.) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 61 (with s. 150)

Words in s. 541(1)(b) substituted (26.7.2002) by Education Act 2002 (c. 32), ss. 65(3), 216(2), Sch. 7 para. 6(6) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2

S. 541(4) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 157 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Words in s. 542(1) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 158(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 542(3) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 158(b), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 542(4) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 158(c) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 543(1) substituted (1.2.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 159(a) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(3), Sch. 1 Pt.III

S. 543(4A) inserted (1.2.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 159(b) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(3), Sch. 1 Pt.III

Words in s. 544(1) repealed (1.4.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 160(a), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1

Word at the end of s. 544(3)(a) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 160(b)(i) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 544(3)(b) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 160(b)(ii), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 545(2)(a) repealed (6.11.2006 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 55, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2006/2895, art. 2; S.I. 2007/3611, art. 4(1), Sch. Pt. 1

S. 545(2)(b) and preceding word repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 161, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Word at the end of s. 546(2)(a) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 162(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

s. 546(2)(b) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 162(b), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 547(2)(b) and preceding word repealed (1.9.1999) by School Standards and Framework Act 1988 ( c. 31), s. 140(1)(3), Sch. 30 para. 163(a), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 547(2)(aa)(ab) inserted (1.10.2002 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 20 para. 1(2) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/1718, art. 5, Sch. Pt. II

Word in s. 547(2) omitted (1.4.2012) by virtue of The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 8(a) (with art. 3)

S. 547(2)(ac) and word inserted (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 8(a) (with art. 3)

S. 547(2A) inserted (1.10.2002 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 20 para. 1(3) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/1718, art. 5, Sch. Pt. II

Words in s. 547(2A)(a) substituted (8.1.2007) by Education and Inspections Act 2006 (c. 40), s. 188(2), Sch. 1 para. 6

Words in s. 547(3)(b) substituted (1.10.2002 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 20 para. 1(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/1718, art. 5, Sch. Pt. II

S. 547(4) substituted (1.10.2002 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 20 para. 1(5) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/1718, art. 5, Sch. Pt. II

Words in s. 547(4)(c) inserted (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 8(b) (with art. 3)

Words in s. 547(5)(8) substituted (1.9.1999) by School Standards and Framework Act 1988 ( c. 31), s. 140(1), Sch. 30 para. 163(c) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 547(6)(7) substituted (1.10.2002 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 20 para. 1(6) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/1718, art. 5, Sch. Pt. II

Words in s. 547(7)(c) inserted (1.4.2012) by The Alternative Provision Academies (Consequential Amendments to Acts) (England) Order 2012 (S.I. 2012/976), art. 1, Sch. para. 8(c) (with art. 3)

Pt. X Ch. II: Chapter heading and cross-heading substituted for Chapter heading (1.9.1998) by virtue of 1997 c. 44, s. 57(1), Sch. 7 para. 38; S.I. 1998/386, art. 2(4), Sch. 1 Pt. IV

S. 548 substituted (1.9.1999) by 1998 c. 31, ss. 131(1) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 548(1)(c) substituted (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 27(2); S.I. 2008/2261, art. 2 (with Sch. 1)

S. 548(8) substituted (1.9.2008 for E.) by Childcare Act 2006 (c. 21), s. 109(2), Sch. 2 para. 27(3); S.I. 2008/2261, art. 2 (with Sch. 1)

Words in s. 548(8)(a) renumbered as s. 548(8)(a)(i) (10.1.2017) by The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (S.I. 2016/1257), regs. 1(2), 40(4)(a)

S. 548(8)(a)(ii) and word inserted (10.1.2017) by The Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (S.I. 2016/1257), regs. 1(2), 40(4)(b)

S. 549 repealed (1.9.1999) by 1998 c. 31, ss. 131(2), 140(1)(3), Sch. 30 para. 164, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 550 repealed (1.9.1999) by 1998 c. 31, ss. 131(2), 140(1)(3), Sch. 30 para. 164, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 550A and cross-heading inserted (1.9.1998) by 1997 c. 44, s. 4 (with s. 57(3)); S.I. 1998/386, art. 2(4), Sch. 1 Pt. IV

S. 550A repealed (1.4.2007 for E., 31.10.2010 for W.) by Education and Inspections Act 2006 (c. 40), ss. 96(a), 188(3), Sch. 18 Sch. 6; S.I. 2007/935, art. 4(a)(d); S.I. 2010/2543, art. 2(f)(m)

S. 550A and cross-heading inserted (1.9.1998) by 1997 c. 44, s. 4 (with s. 57(3)); S.I. 1998/386, art. 2(4), Sch. 1 Pt. IV

Ss. 550ZA-550ZD inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 242(1), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))

S. 550ZA(3)(ea) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 2(2)(a), 82(3); S.I. 2012/924, art. 2

S. 550ZA(3)(g) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 2(2)(b), 82(3); S.I. 2012/924, art. 2

Ss. 550ZA(4A)-(4C) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 2(2)(c), 82(3); S.I. 2012/924, art. 2

Words in s. 550ZB(5) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 2(3)(a), 82(3); S.I. 2012/924, art. 2

Words in s. 550ZB(6)(b) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 2(3)(b)(i), 82(3); S.I. 2012/924, art. 2

Words in s. 550ZB(6)(c) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 2(3)(b)(ii), 82(3); S.I. 2012/924, art. 2

S. 550ZB(6A) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 2(3)(c), 82(3); S.I. 2012/924, art. 2

Words in s. 550ZB(7)(b) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 2(3)(d), 82(3); S.I. 2012/924, art. 2

S. 550ZB(7A) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 2(3)(e), 82(3); S.I. 2012/924, art. 2

Words in s. 550ZC(2) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 2(4)(a), 82(3); S.I. 2012/924, art. 2

Ss. 550ZC(6A)-(6G) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 2(4)(b), 82(3); S.I. 2012/924, art. 2

Words in s. 550ZC(9) substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 2(4)(c), 82(3); S.I. 2012/924, art. 2

Words in s. 550ZD(1) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 2(5)(a), 82(3); S.I. 2012/924, art. 2

Words in s. 550ZD(2)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 2(5)(b), 82(3); S.I. 2012/924, art. 2

S. 550ZD(2A)(2B) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 2(5)(c), 82(3); S.I. 2012/924, art. 2

Words in s. 550ZD(3)(a) substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 2(5)(d), 82(3); S.I. 2012/924, art. 2

Word in s. 550ZD(4) inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 2(5)(e), 82(3); S.I. 2012/924, art. 2

S. 550AA inserted (31.5.2007 for E., 31.10.2010 for W.) by Violent Crime Reduction Act 2006 (c. 38), ss. 45, 66(2); S.I. 2007/858, art. 3(a); S.I. 2010/2426, art. 2

Word in s. 550AA title inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 243(2), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))

Words in s. 550AA(1) inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 243(3), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))

Words in s. 550AA(4) inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 243(3), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))

S. 550B and cross-heading inserted (1.9.1998) by 1997 c. 44, s. 5 (with s. 57(3)); S.I. 1998/386, art. 2(4), Sch. 1 Pt. IV

S. 550B repealed (1.4.2007 for E., 31.10.2010 for W.) by Education and Inspections Act 2006 (c. 40), ss. 96(a), 188(3), Sch. 18 Sch. 6; S.I. 2007/935, art. 4(a)(d); S.I. 2010/2543, art. 2(f)(m)

Pt. 10 Ch. 2A inserted (29.6.2026) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 36(1), 78(2)(d)

S. 551(1A) inserted (14.6.1997) by 1997 c. 44, s. 57(1), Sch. 7 para. 39; S.I. 1997/1468, art. 2(1), Sch. 1 Pt. I

Word at the end of s. 551(2)(a) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.166 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 551(2)(b) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 166(b), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 551A and cross-heading inserted (29.6.2021) by Education (Guidance about Costs of School Uniforms) Act 2021 (c. 20), ss. 1, 2(2)

Ss. 551B-551D and cross-heading inserted (15.7.2026 but only for the insertion of s. 551B(2)-(7)) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 30, 78(5); S.I. 2026/803, reg. 3(i)

S. 554(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 168(2) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 554(3)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 168(3)(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 554(3)(b) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(10)(a)(i)

Words in s. 554(3)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 168(3)(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 554(4)(a)(i) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(10)(b)(i)(aa)

Words in s. 554(4)(a)(ii) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(10)(b)(i)(bb)

Words in s. 554(4)(a) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(10)(b)(i)(cc)

S. 554(4)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 168(4) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 554(4)(b) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(10)(b)(ii)(aa)

S. 554(6A) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(10)(c)

Words in s. 556(2)(a) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 169(a) (with ss. 138(9), 144(6))

Words in s. 556(2)(b) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 169(b) (with s. 138(9), 144(6))

Words in s. 556(3) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(11)

Words in s. 557(1)(b)(i) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(12)(a)

Words in s. 557(1)(b)(ii) inserted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(12)(b)

Words in s. 557(9) substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 163(a) (with art. 10)

Words in s. 557(9) omitted (1.10.2009) by virtue of The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 163(b) (with art. 10)

Words in s. 557(9) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.170 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 557(10): words in definition of "relevant school" inserted (26.7.2002) by Education Act 2002 (c. 32), ss. 69, 216(2) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2

Words in s. 557(10) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(16); S.I. 2012/924, art. 2

Words in s. 559(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 171(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 559(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 171(b) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 559(6) repealed (21.7.2008) by Statute Law (Repeals) Act 2008 (c. 12), Sch. 1 Pt. 11

S. 560(1)(2) substituted (1.10.1998) by 1998 c. 31, s. 112(2) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1) Sch. 1 Pt. I

Words in s. 560(6) inserted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 2(7); S.I. 2014/178, art. 2(f) (with art. 3)

Words in s. 560(6) repealed (1.9.1999) by 1998 c. 31, ss. 112(3), 140(3), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 560A inserted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 47, 269(4); S.I. 2010/303, art. 3, Sch. 2

Words in s. 560A(1)(b) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 54; S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Word in s. 562 heading inserted (1.9.2010 for E. for specified purposes, 1.4.2011 for W. for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 49(6), 269(3)(4); S.I. 2010/303, art. 6, Sch. 5; S.I. 2011/829, art. 2(a); S.I. 2010/303, art. 6, Sch. 5; S.I. 2011/829, art. 2(a)

Words in s. 562(1) substituted (1.9.2010 for E. for specified purposes, 1.4.2011 for W. for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 49(2)(a), 269(3)(4); S.I. 2010/303, art. 6, Sch. 5; S.I. 2011/829, art. 2(a)

S. 562(1A) inserted (1.9.2010 for E. for specified purposes, 1.4.2011 for W. for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 49(3), 269(3)(4); S.I. 2010/303, art. 6, Sch. 5; S.I. 2011/829, art. 2(a)

Words in s. 562(1A)(b)(i) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 142(2) (with Sch. 27); S.I. 2020/1236, reg. 2

Words in s. 562(2) substituted (1.9.2010 for E. for specified purposes, 1.4.2011 for W. for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 49(4), 269(3)(4); S.I. 2010/303, art. 6, Sch. 5; S.I. 2011/829, art. 2(a)

Words in s. 562(2)(b) substituted (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 153(7), Sch. 4 para. 47 (with Sch. 27 paras. 15); S.I. 2009/3074, art. 2(p)(v)

Words in s. 562(2)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 142(3) (with Sch. 27); S.I. 2020/1236, reg. 2

S. 562(3) added (1.9.2010 for E. for specified purposes, 1.4.2011 for W. for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 49(5), 269(3)(4); S.I. 2010/303, art. 6, Sch. 5; S.I. 2011/829, art. 2(a)

Words in s. 562(3) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 157

Pt. 10 Ch. 5A inserted (1.9.2010 for E. for specified purposes, 1.4.2011 for W. for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 50, 269(3)(4); S.I. 2010/303, art. 6, Sch. 5; S.I. 2011/829, art. 2(b)

Words in s. 562C title inserted (1.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 55(3); S.I. 2015/375, art. 2(e)

S. 562C omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(25); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 562C(1) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 55(2); S.I. 2015/375, art. 2(e)

S. 562D omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(26); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 562D(2) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 56; S.I. 2015/375, art. 2(e)

S. 562F(5)(6) omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(27); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

S. 562G omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(28); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 562G(1) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 57(2); S.I. 2015/375, art. 2(e)

Words in s. 562G(2) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 57(3); S.I. 2015/375, art. 2(e)

Words in s. 562G(4) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 57(4); S.I. 2015/375, art. 2(e)

Words in s. 562G(5) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 57(5); S.I. 2015/375, art. 2(e)

Words in s. 562G(7)(a) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 57(6)(a); S.I. 2015/375, art. 2(e)

Words in s. 562G(7)(b) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 57(6)(b); S.I. 2015/375, art. 2(e)

Words in s. 562G(8) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 57(7)(a); S.I. 2015/375, art. 2(e)

Words in s. 562G(8)(a) inserted (1.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 57(7)(b); S.I. 2015/375, art. 2(e)

S. 562H omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(29); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 562H(1) renumbered as s. 562H(1)(a) (1.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 58(2)(a); S.I. 2015/375, art. 2(e)

S. 562H(1)(b) and word inserted (1.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 58(2)(b); S.I. 2015/375, art. 2(e)

Words in s. 562H(4) substituted (1.4.2015) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 58(3); S.I. 2015/375, art. 2(e)

S. 562H(5) omitted (1.4.2015) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 58(4); S.I. 2015/375, art. 2(e)

S. 562H(6)(b) omitted (1.4.2015) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 58(5); S.I. 2015/375, art. 2(e)

Words in s. 562J(1) inserted (1.9.2010 for E., 1.4.2011 for W.) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(3), 158 (see S.I. 2010/303, art. 6, Sch. 5 and S.I. 2011/829, art. 2(b))

Word at the end of s. 563(3)(a) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 172(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 563(3)(b) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch 30 para. 172(b), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 564(1)(b) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 15 para. 37(2); S.I. 2016/603, reg. 3(w)

Words in s. 564(3) inserted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(12)

Words in s. 564(4) inserted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 15 para. 37(3)(a); S.I. 2016/603, reg. 3(w)

Words in s. 564(4) substituted (12.7.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 15 para. 37(3)(b); S.I. 2016/603, reg. 3(w)

Words in s. 566(1)(a) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(13)

Words in s. 566(1)(a) substituted (1.1.2008) (with effect in accordance with s. 18(9) of the commencing S.I.) by Children Act 2004 (c. 31), s. 67(2), Sch. 2 para. 4(3); S.I. 2007/1792, art. 2

Words in s. 566(1)(b) substituted (1.9.1999) by 1998 c. 31, ss. 140(1), 145(3), Sch. 30 para.173 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 566(3) inserted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 18 para. 6 (with s. 119); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Words in s. 566(3)(a) inserted (1.9.2012) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 51(a); S.I. 2012/2197, art. 2(c)

Words in s. 566(3)(b) inserted (1.9.2012) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 51(b); S.I. 2012/2197, art. 2(c)

S. 567 repealed (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 174, Sch.31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/2323, art. 13); S.I. 1999/2323, art. 2(1), Sch. 1

S. 568(2) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 175(a), (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, art. 16(3) as amended (31.8.1999) by S.I. 1999/2484, reg. 3

Words in s. 568(2) repealed (1.9.2003 for E., 1.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/2961, art. 6, Sch. Pt. III

Words in s. 568(3) repealed (15.11.2015) by Education Act 2011 (c. 21), s. 75(3)

Words in s. 568(3) repealed (1.10.2002 for E., 1.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/2961, art. 6, Sch. Pt. III

Words in s. 568(3) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 175(b), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch.1 (subject to savings in S.I. 1999/2323, art. 16(3) (as amended (31.8.1999) by S.I. 1999/2484, art. 3))

S. 568(3A) repealed (15.11.2015) by Education Act 2011 (c. 21), s. 75(3)

S. 568(4) repealed (1.10.2002 for E., 1.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/2961, art. 6, Sch. Pt. III

S. 568(5)(b) and preceding word repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 175(c), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1 (subject to savings in S.I. 1999/2323, art. 16(3) (as amended (31.8.1999) by S.I. 1999/2484, art. 3))

Words in s. 569(1) inserted (E.W.) (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 8(2), 26(3) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 2(c)

Words in s. 569(2) inserted (E.W.) (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 8(3), 26(3) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 2(c)

Words in s. 569(2) inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 242(2)(a), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))

Words in s. 569(2) repealed (8.1.2007) by Education and Inspections Act 2006 (c. 40), s. 188(2), Sch. 18 Pt. 2

S. 569(2A) inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 242(2)(b), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))

Word in s. 569(2A) inserted (29.4.2026 for the purposes of making regulations) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 37(2)(a), 78(1)(a)(5)

Words in s. 569(2A) inserted (29.4.2026 for the purposes of making regulations) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 38(3)(a), 78(1)(a)(3)(5)

Words in s. 569(2A) substituted (1.4.2012) by Education Act 2011 (c. 21), ss. 2(6), 82(3); S.I. 2012/924, art. 2

Words in s. 569(2A) inserted (29.4.2026 for the purposes of making regulations) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 38(3)(b), 78(1)(a)(3)(5)

S. 569(2B)(2C) inserted (E.W.) (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 8(4), 26(3) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 2(c)

Words in s. 569(2B) omitted (29.4.2026 for the purposes of making regulations) by virtue of Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 38(4)(a), 78(1)(a)(3)(5)

Word in s. 569(2B) inserted (E.W.) (5.10.2015) by Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (anaw 3), ss. 9(4), 25(3); S.I. 2015/1680, art. 2(d)

Words in s. 569(2B) substituted (3.7.2013) by The Anti-Social Behaviour Act 2003 (Amendment to the Education Act 1996) (Wales) Order 2013 (S.I. 2013/1657), arts. 1, 2(2)

Word in s. 569(2B) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 22(a) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

Word in s. 569(2B) inserted (29.4.2026 for the purposes of making regulations) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 38(4)(b), 78(1)(a)(3)(5)

Words in s. 569(2B) substituted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(30)(a)(ii); S.I. 2021/373, art. 8(j)(x)

Words in s. 569(2B) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 22(b) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

Words in s. 569(2B) substituted (29.4.2026 for the purposes of making regulations) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 38(4)(c), 78(1)(a)(3)(5)

S. 569(2BA)(2BB) inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(30)(b); S.I. 2021/373, art. 8(j)(x)

Words in s. 569(2BA) omitted (29.4.2026 for the purposes of making regulations) by virtue of Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 38(5)(a), 78(1)(a)(3)(5)

Words in s. 569(2BA) substituted (29.4.2026 for the purposes of making regulations) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 38(5)(b), 78(1)(a)(3)(5)

Words in s. 569(2BB) omitted (29.4.2026 for the purposes of making regulations) by virtue of Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 38(6)(a), 78(1)(a)(3)(5)

Words in s. 569(2BB) inserted (29.4.2026 for the purposes of making regulations) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 37(2)(b), 78(1)(a)(5)

Words in s. 569(2BB) inserted (29.4.2026 for the purposes of making regulations) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 38(6)(b), 78(1)(a)(3)(5)

Words in s. 569(2BB) inserted (29.4.2026 for the purposes of making regulations) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 38(6)(c), 78(1)(a)(3)(5)

Words in s. 569(2BB) substituted (29.4.2026 for the purposes of making regulations) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 38(6)(d), 78(1)(a)(3)(5)

S. 569(3) repealed (8.1.2007) by Education and Inspections Act 2006 (c. 40), s. 188(2), Sch. 18 Pt. 2

Words in s. 569(4) inserted (E.W.) (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 8(5), 26(3) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 2(c)

S. 569A omitted (1.9.2021) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(31); S.I. 2021/373, art. 8(j)(xi)

Word at the end of s. 570(1)(a) inserted (1.4.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 177(a)(i) (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1

S. 570(1)(b) repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 177(a)(ii), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1

Words in s. 570(2) repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 177(b), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1

Words in s. 571(1) substituted (14.6.1997) by 1997 c. 44, s. 57(1), Sch. 7 para. 41(a); S.I. 1997/1468, art. 2(1), Sch. 1 Pt.I

S. 571(2) repealed (14.6.1997) by 1997 c. 44, s. 57(1)(4), Sch. 7 para. 41(b), Sch.8; S.I. 1997/1468, art. 2(1), Sch. 1 Pt.I

Words in s. 572 substituted (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 23(2), 93; S.I. 2003/3300, art. 3(a)(ii)

S. 572(2)(3) inserted (1.1.2005) by The Education Act 1996 (Electronic Communications) Order 2004 (S.I. 2004/2521), arts. 1, 3

S. 572(4) inserted (29.4.2026 but only for the purposes of making regulations) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 39(3), 78(1)(a)(3)(5)

Words in s. 573(2) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 178(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 573(4)-(6) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 178(b), Sch.31 (with ss. 138(9), 144(6) and subject to savings for s. 573(4)-(6) in S.I. 1999/2323, art. 19); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 576(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 180(a) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 576(2) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 180(b), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 577 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 181, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Entries in s. 578 repealed (1.1.1999) by 1998 c. 30, s. 44(2), Sch. 4 (with s. 42(8)); S.I. 1998/3237, art. 2(1) (subject to arts. 3, 4)

Entries in s. 578 repealed (1.4.2003 for E.; 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2007/3611, art. 4(1), Sch.

Words in s. 578 repealed (1.8.2003) by Education Act 2002 (c. 32), s. 216(2), Sch. 21 para. 56, Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 2

Words in s. 578(1) omitted (1.9.2005 for E., 1.9.2006 for W.) by virtue of Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 9; Sch. 19 Pt. 1;S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Entry in s. 578 added (14.6.1997) by virtue of 1997 c. 44, ss. 57(1), 58(2), Sch. 7 para. 42; S.I. 1997/1468, art. 2(1), Sch. 1 Pt. I

Entry in s. 578 inserted (31.7.1997) by 1997 c. 59, ss. 6(2), 7(2)(3)

Entry in s. 578 (as inserted (27.1.1998) by 1998 c. 1, ss. 6(1), 7(2)) repealed (1.1.1999) by 1998 c. 30, s. 44(2), Sch. 4 (with s. 42(8)); S.I. 1998/3237, art. 2(1) (subject to arts. 3, 4)

Entry in s. 578 inserted (1.10.1998) by 1998 c. 30, ss. 44(1), 46(2), Sch. 3 para. 15 (with s. 42(8)); S.I. 1998/2215, art. 2

Entry in s. 578 inserted (1.2.1999) by 1998 c. 31, s. 140(1), Sch. 30 para.182 (with ss. 138(9), 144(6)); S.I. 1999/120, art. 2(1), Sch. 1

Entry in s. 578 inserted (24.7.2002) by virtue of Education Act 2002 (c. 32), ss. 216(1), 217(2) (with ss. 210(8), 214(4))

S. 578 entry added (1.7.2004) by Higher Education Act 2004 (c. 8), ss. 52(1), 54(2)

S. 578 entry added (7.4.2005) by Education Act 2005 (c. 18), ss. 125(1)(c), 128(2)

S. 578 entry added (8.11.2006) by Education and Inspections Act 2006 (c. 40), ss. 188(1), 191(2)

S. 578 entry added (26.11.2008) by Education and Skills Act 2008 (c. 25), ss. 173(1)(f), 174(2)

S. 578 entry added (10.2.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 28(1), 29(2)

S. 578 entry added (15.10.2009) by Healthy Eating in Schools (Wales) Measure 2009 (nawm 3), s. 12(2)(4)

S. 578 entry added (27.7.2010) by Academies Act 2010 (c. 32), ss. 19(1), 20(2)

S. 578 entry added (10.7.2011) by Education (Wales) Measure 2011 (nawm 7), ss. 33(1)(c), 34(2)

S. 578 entry added (15.11.2011) by Education Act 2011 (c. 21), ss. 82(1)(h), 83(2)

S. 578 entry added (4.3.2013) by School Standards and Organisation (Wales) Act 2013 (anaw 1), ss. 100(1), 101(2)

S. 578 entry added (13.3.2014) by Children and Families Act 2014 (c. 6), ss. 139(1), 140(2)

S. 578 entry added (12.5.2014) by Education (Wales) Act 2014 (anaw 5), ss. 45, 50(1)(b)

S. 578 entry added (12.3.2015) by Higher Education (Wales) Act 2015 (anaw 1), ss. 59(1)(g), 60(2)

S. 578 entry added (5.8.2015) by virtue of Qualifications Wales Act 2015 (anaw 5), ss. 60(1)(f), 61(2)

S. 578 entry added (25.1.2018) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 100(1), 101

S. 578 entry added (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), ss. 72, 84(1)

Words in s. 578 inserted (W.) (8.7.2025) by virtue of Welsh Language and Education (Wales) Act 2025 (asc 2), ss. 50, 56(1)(a)

S. 579(1): definitions of "the appropriate further education funding council", "exclude", "governing body" (and "governors"), "the local education authority", "reception class" and "relevant age group" repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 183(a)(ii), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 579(1) inserted (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 6; S.I. 2010/1937, art. 2, Sch. 1

Words in s. 579(1) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(17)(a); S.I. 2012/924, art. 2

Words in s. 579(1) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(17)(b); S.I. 2012/924, art. 2

Words in s. 579(1) inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(32)(a)(iii); S.I. 2021/373, art. 8(j)(xii)

Definition in s. 579(1) inserted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 183(a)(i) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 579(1) inserted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 3(2)(a)

Words in s. 579(1) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 59(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 579(1) inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 16(4); S.I. 2008/787, art. 2(4)(f)

Words in s. 579(1) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 3(2)(b)

Words in s. 579(1) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 57(a) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

S. 579(1): definition of "the National Curriculum" inserted (1.10.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 57(b) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

Words in s. 579(1) omitted (1.9.2022 for specified purposes, 1.9.2023 for specified purposes, 1.9.2024 for specified purposes, 1.9.2025 for specified purposes) by virtue of The Curriculum and Assessment (Wales) Act 2021 (Consequential Amendments) (Primary Legislation) Regulations 2022 (S.I. 2022/744), reg. 1(3), Sch. 2 para. 2(13)(a)

Words in s. 579(1) inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 12(a); S.I. 2010/303, art. 6, Sch. 5

Words in s. 579(1) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(17)(c)(i); S.I. 2012/924, art. 2

Words in s. 579(1) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(17)(c)(ii); S.I. 2012/924, art. 2

Words in s. 579(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 183(a)(iii) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in s. 579(1) inserted (W.) (31.10.2005) by The Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2005 (S.I. 2005/2913), regs. 1(1), 4

Words in s. 579(1) inserted (E.) (1.9.2003) by The Education Act 2002 (Modification and Transitional Provisions) (England) Regulations 2003 (S.I. 2003/2045), regs. 1(1), 3 (with reg. 6)

Words in s. 579(1) omitted (30.4.2021) by virtue of Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 23(a) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

Words in s. 579(1) inserted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 23(b) (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

Words in s. 579(1) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 13 para. 18 (with s. 102)

S. 579(1): definition of "sex education" inserted (1.10.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 57(c) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. I

Words in s. 579(1) substituted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 5 para. 80; S.I. 2013/160, art. 2(2) (with arts. 7-9)

Words in s. 579 substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 185 (with Sch. 3 Pt. 1)

Definition in s. 579(1) inserted (14.6.1997) by 1997 c. 44, s. 57(1), Sch. 7 para. 43; S.I. 1997/1468, art. 2(1), Sch. 1 Pt. I

Words in s. 579(1) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 59(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 579(1) omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(32)(a)(i); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Words in s. 579(1) omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(32)(a)(ii); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

Definition in s. 579(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 183(a)(iv) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 579(1A) omitted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(32)(b); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

S. 579(3) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 183(b), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 579(3A)(3B) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 59(d); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 579(3A) inserted (2.11.2020 for specified purposes, 1.9.2021 in so far as not already in force) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 95(a), 100(3); S.I. 2020/1182, reg. 3(1)(m); S.I. 2021/373, art. 8(h)

Words in s. 579(3B) inserted (2.11.2020 for specified purposes, 1.9.2021 in so far as not already in force) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 95(b), 100(3); S.I. 2020/1182, reg. 3(1)(m); S.I. 2021/373, art. 8(h)

S. 579(3C) inserted (2.11.2020 for specified purposes, 1.9.2021 in so far as not already in force) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 95(c), 100(3); S.I. 2020/1182, reg. 3(1)(m); S.I. 2021/373, art. 8(h)

S. 579(4A) inserted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 3(3)

Words in s. 580 repealed (26.7.2002 for E. for specified purposes, 1.8.2003 for W. for specified purposes, 1.1.2004 for W. In so far as not already in force) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I; S.I. 2003/2961, art. 6, Sch. Pt. III

S. 580 table: entry inserted (26.7.2002) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 7 para. 6(8) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2

Words in s. 580 substituted (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 7(a); S.I. 2010/1937, art. 2, Sch. 1

Words in s. 580 inserted (29.7.2010) by Academies Act 2010 (c. 32), s. 19(2), Sch. 2 para. 7(b); S.I. 2010/1937, art. 2, Sch. 1

Words in s. 580 inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(18); S.I. 2012/924, art. 2

Words in s. 580 inserted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(33)(a); S.I. 2021/373, art. 8(j)(xiii)

Words in s. 580 substituted (30.4.2021) by Curriculum and Assessment (Wales) Act 2021 (asc 4), s. 84(1), Sch. 2 para. 24 (with savings and transitional provisions in S.I. 2022/111, regs. 1, 3)

S. 580 entry repealed (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(14)(a)(i), Sch. 3 Pt. 1

S. 580 table: entry repealed (1.9.1997) by 1997 c. 59, ss. 6(3), 7(3)(a), Sch. Pt. I

Words in s. 580 omitted (1.9.2021 for specified entries) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(33)(b); S.I. 2021/373, art. 8(j)(xiv)

S. 580 table: entry inserted (1.9.1997) by 1997 c. 44, s. 57(1), Sch. 7 para. 44; S.I. 1997/1468, art. 2(2), Sch. 1 Pt. II

Words in s. 580 repealed (26.7.2002 for E. for specified purposes, 1.8.2003 for W. for specified purposes) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

S. 580 entries inserted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(14)(b)

Words in s. 580 inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 60(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 580 table: words in the entry relating to "foundation subjects" omitted (2.5.2000 for E. and 20.7.2000 for W.) by virtue of S.I. 2000/1146, art. 3 and S.I. 2000/1882, art. 2

Word in s. 580 substituted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(33)(d); S.I. 2021/373, art. 8(j)(xv)

Words in s. 580 omitted (1.9.2021) by virtue of Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(33)(e); S.I. 2021/373, art. 8(j)(xv)

Word in s. 580 inserted (1.8.2019) by The Higher Education and Research Act 2017 (Further Implementation etc.) Regulations 2019 (S.I. 2019/1027), regs. 1, 7(4)

Words in s. 580 inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 60(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 580 substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 60(c); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 580 substituted (1.9.2021) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(33)(g); S.I. 2021/373, art. 8(j)(xv)

Words in s. 580 inserted (1.9.2006) by Education Act 2005 (c. 18), s. 125(4), Sch. 12 para. 4; S.I. 2006/2129, art. 4

Words in s. 580 inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 2 para. 13; S.I. 2010/303, art. 6, Sch. 5

S. 580 table: entry inserted (14.6.1997) by 1997 c. 44, s. 57(1), Sch. 7 para. 44; S.I. 1997/1468, art. 2(1), Sch. 1 Pt. I

Words in s. 580 substituted (19.7.2010) by Children, Schools and Families Act 2010 (c. 26), s. 29(4)(b), Sch. 3 para. 2(2) (with s. 27); S.I. 2010/1817, art. 2

Words in s. 580 substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 60(d); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 580 substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 60(e); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 580 substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 60(f); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 580 substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 60(g); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in s. 580 substituted (27.2.2007 for E., 1.9.2009 for W.) by Education and Inspections Act 2006 (c. 40), ss. 4(3), 188(3); S.I. 2006/3400, art. 6(a); S.I. 2009/1027, art. 3(a)

S. 583(5) omitted (E.W.S.) by 2010 c. 15, Sch. 26 Pt. 1 para. 39 (as inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 5) (see S.I. 2010/2317, art. 2)

Sch. 1 para. 3A inserted (1.9.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 249(3), 269(4); S.I. 2010/303, art. 6, Sch. 5 (as amended (26.7.2010) by S.I. 2010/1891, art. 2(2) (with art. 3))

Words in Sch. 1 para. 3A(a) substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 51(4)(a), 82(3); S.I. 2012/84, art. 2

Words in Sch. 1 para. 3A(b) substituted (15.1.2012) by Education Act 2011 (c. 21), ss. 51(4)(b), 82(3); S.I. 2012/84, art. 2

Sch. 1 para. 5 repealed (18.11.2003) by Local Government Act 2003 (c. 26), s. 128(2)(f)(vi), Sch. 8 Pt. 1

Sch. 1 para. 6(1)(2) substituted (1.10.1998) by 1998 c. 31, s. 140(1), Sch. 30 para. 184(a)(i) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt.I

Words in Sch. 1 para. 6(1) substituted (20.1.2003) by The Education Act 2002 (Modification of Provisions) (No. 2) (England) Regulations 2002 (S.I. 2002/2953), reg. 2(1)

Sch. 1 para. 6(3) repealed (19.4.2010 for specified purposes, 1.9.2010 for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 223(1)(c), 269(4), Sch. 16 Pt. 7; S.I. 2010/303, art. 5, Sch. 4; S.I. 2010/1151, art. 4, Sch. 2

Words in Sch. 1 para. 6(3) inserted (1.8.2012) by Education Act 2011 (c. 21), ss. 45(2)(d)(i), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

Words in Sch. 1 para. 6(3) omitted (30.10.2008) by virtue of The Legislative Reform (Local Authority Consent Requirements) (England and Wales) Order 2008 (S.I. 2008/2840), arts. 1(1), 5

Words in Sch. 1 para. 6(3) substituted (1.10.1998) by 1998 c. 31, s. 140(1), Sch. 30 para. 184(a)(ii) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt.I

Sch. 1 para. 6(4) repealed (19.4.2010 for specified purposes, 1.9.2010 for specified purposes) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 223(1)(c), 269(4), Sch. 16 Pt. 7; S.I. 2010/303, art. 5, Sch. 4; S.I. 2010/1151, art. 4, Sch. 2

Words in Sch. 1 para. 6(4) substituted (1.8.2012) by Education Act 2011 (c. 21), ss. 45(2)(d)(ii), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

Words in Sch. 1 para. 6(4) substituted (20.2.2014) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 100(4), Sch. 5 para. 2(8); S.I. 2014/178, art. 2(f) (with art. 3)

Words in Sch. 1 para. 6(4) inserted (1.8.2012) by Education Act 2011 (c. 21), ss. 45(2)(d)(ii), 82(3); S.I. 2012/1087, art. 2 (with art. 6)

Sch. 1 para. 7 repealed (9.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/2961, art. 7, Sch. Pt. IV

Sch. 1 para. 7 repealed (20.1.2003 for E.) by The Education Act 2002 (Modification of Provisions) (No. 2) (England) Regulations 2002 (S.I. 2002/2953), reg. 2(2)

Words in Sch. 1 para. 8 substituted (1.10.2000 for E. and 1.1.2001 for W.) by 2000 c. 21, s. 149, Sch. 9 para. 64 (with s. 150); S.I. 2000/2559, art. 2(1), Sch. Pt. I; S.I. 2000/3230, art. 2, Sch.

Sch. 1 para. 12 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30, para. 184(b), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 1 para. 13 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 184(b), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 1 para. 14 substituted (29.4.2026 but only for the purposes of making regulations, otherwise prosp.) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 39(4), 78(1)(a)(3)(5)

Sch. 1 para. 15 and cross heading added (1.12.1997) by virtue of 1997 c. 44, s.48; S.I. 1997/1468, art. 2(5), Sch. 1 Pt.V

Sch. 1 para. 15 and cross heading added (1.12.1997) by virtue of 1997 c. 44, s. 48; S.I. 1997/1468, art. 2(5), Sch. 1 Pt. V

Words in Sch. 1 para. 15 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 184(c), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 1 para. 15(2)(d) substituted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, art. 32(a)(i) and S.I. 2002/808, art. 31(a)(i)

Words in Sch. 1 para. 15(2)(f) inserted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, art. 32(a)(ii) and S.I. 2002/808, art. 31(a)(ii)

Sch. 1 para. 15(2)(ga) inserted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(19); S.I. 2012/924, art. 2

Sch. 1 para. 15(3) inserted (E.) (11.7.2001) and (W.) (1.4.2002) by S.I. 2001/2237, art. 32(b) and S.I. 2002/808, art. 31(b)

Sch. 2 repealed (1.11.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 185, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(2), Sch. 2

Words in Sch. 2 para. 9(2) substituted (retrospectively) by 1997 c. 44, s. 57(1), Sch. 7 para. 45(a); S.I. 1997/1468, art. 2(1), Sch. 1 Pt. I (which Sch. 7 para. 45 is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 223, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in Sch. 2 para. 9(2) substituted (retrospectively) by 1997 c. 44, s. 57(1), Sch. 7 para. 45(b); S.I. 1997/1468, art. 2(1), Sch. 1 Pt. I (which Sch. 7 para. 45 is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 223, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 3 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 185, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/1016, art. 2(1), Sch. 1

Sch. 3 para. 1(2): powers under s. 231(6) of this Act as mentioned in Sch. 3 para. 1(2) transferred to the Funding Agency for Schools (E.) (5.3.1997) by S.I. 1997/294, art.3

Sch. 4 repealed (1.10.1998 so far as relating to the repeal of paras. 7 and 8 and otherwise 1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 185, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I and S.I. 1999/1016, art. 2(1), Sch. 1

Sch. 4 repealed (1.10.1998 so far as relating to the repeal of Sch. 4 paras. 7 ,8) by 1998 c. 31, ss. 140(1)(3), 145(3), Sch. 30 para. 185, Sch.31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch.1

Sch. 4 repealed (1.10.1998 so far as relating to the repeal of Sch. 4, paras. 7 ,8) by 1998 c. 31, ss. 140(1)(3), 145(3), Sch. 30 para. 185, Sch.31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt.I

Words in Sch. 4 para. 18 substituted (1.8.1998) by 1997 c. 44, s. 57(1), Sch. 7 para. 46(2); S.I. 1998/386, art. 2(3), Sch. 1 Pt.III (which Sch. 7 para. 46 is repealed (prosp.) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 223, Sch.31(with ss. 138(9), 144(6)))

Sch. 5 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 185, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 6 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 185, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 7 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 185, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 8 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 185, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 9 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 185, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 10 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 185, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 14 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 185, Sch.31 (with ss. 138(9), 144(6) and with savings in S.I. 1999/711, reg. 5); S.I. 1999/2323, reg. 2(1), Sch. 1

Sch. 15 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 185, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 16 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 185, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 16 para. 7A inserted (1.9.1998) by 1997 c. 44, s. 7(2) (with s. 57(3)); S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (which s. 7 is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 208(b), Sch.31 (with ss. 138(9), 144(6)))

Sch. 16 para. 8 substituted (1.9.1998) by 1997 c. 44, s. 7(3) (with s. 57(3)); S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (which s. 7 is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 208(b), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 16 para. 12A inserted (1.9.1998) by 1997 c. 44, s. 7(4) (with s. 57(3)); S.I. 1998/386, art. 2(4), Sch. 1 Pt. IV (which s. 7 is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 208(b), Sch.31 (with ss. 138(9), 144(6))); S.I. 1999/2323, art. 2(1), SAch. 1

Words in Sch. 16 para. 14 inserted (1.9.1998) by 1997 c. 44, s. 57(1), Sch. 7 para. 47(a); S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (which Sch. 7 para. 47 is repealed (1.9.1999) by 1998 c. 31, ss. 140(1)(3), 145(3), Sch. 30 para. 223, Sch.31 (with ss. 138(9), 144(6))); S.I. 1999/2323, art. 2(1), Sch. 1

Words in Sch. 16 para. 15(1) repealed (1.9.1998) by 1997 c. 44, s. 57(1)(4), Sch. 7 para. 47(b), Sch.8; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (which Sch. 7 para. 47 is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 223, Sch.31 (with ss. 138(9), 144(6))); S./I. 1999/2323, art. 2(1), SCh. 1

Word in Sch. 17 para. 1(1) substituted (10.1.1997) by S.I. 1996/3210, art. 2(2)

Sch. 17 para. 7A added (10.1.1997) by S.I. 1996/3210, art. 2(3)

Sch. 17 paras. 9A-9F added (10.1.1997) by S.I. 1996/3210, art. 2(4)

Sch. 20 repealed (1.10.1998 so far as relating to the repeal of Pt. I and otherwise 1.4.1999) by 1998 c. 31, ss. 140(1)(3), 145(3), Sch. 30 para. 185, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I; S.I. 1999/1016, art. 2(1), Sch. 1

Sch. 21 repealed (1.10.1998) by 1998 c. 31, ss. 140(1)(3), 145(1), Sch. 30 para. 185, Sch.31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt.I

Sch. 22 repealed (1.4.1999 so far as relating to the repeal of para. 15 and otherwise prosp.) by 1998 c. 31, ss. 140(1)(3), 145(1), Sch. 30 para. 185, Sch. 31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(4), Sch. 1 Pt. IV

Sch. 22 para. 15 repealed (1.4.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 185, Sch.31 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(4), Sch. 1 Pt.IV

Sch. 23 para. 6(2A) inserted (1.9.1997 except in relation to the insertion of para. 6(2A)(a), as to which the insertion came into force on 1.9.1998) by 1997 c. 44, s. 57(1), Sch. 7 para. 49(3); S.I. 1997/1468, art. 2(2), Sch. 1 Pt. II (with transitional provisions); S.I. 1998/386, art. 2(4), Sch. 1 Pt. IV (with transitional provisions); and Sch. 7 para. 49 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 223, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1.

Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (with transitional provisions)

Sch. 25A inserted (1.9.1998) by 1997 c. 44, s. 8(2), Sch.1; S.I. 1998/386, art. 2(4), Sch. 1 Pt.IV (subject to transitional provisions in Sch. 2 Pt. II); and Sch. 1 of the amending Act is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 222(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in Sch. 26. para. 3(2) substituted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 42(1), Sch. 8 para. 14(2) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

Sch. 26 para. 3(3)(4) substituted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 14(3) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

Words in Sch. 26 para. 3(3)(a) inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 174(2), 188(2) (with s. 174(4))

Words in Sch. 26 para. 4(1) substituted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 42(1), Sch. 8 para. 11(2) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

Sch. 27 para. 1 substituted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 2 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4; S.I. 2001/3992, art. 5, Sch. Pt. II

Sch. 27 paras. 2-2B substituted for Sch. 27 para. 2 (15.6.2001 for E. for certain purposes and otherwise 1.1.2002 and 8.12.2001 for W. for certain purposes and otherwise 1.4.2002) by 2001 c. 10, s. 10, Sch. 1 para. 3 (with s. 43(13)); S.I. 2001/2217, arts. 4, 5, Sch. Pts. I, II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, arts. 4, 5, Sch. Pts. I, II

Words in Sch. 27 para. 3(1) substituted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 4 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Words in Sch. 27 para 3(1) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 186(2)(a)(with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in Sch. 27 para 3(2) substituted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 5 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Sch. 27 para. 3(4) repealed (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, ss. 10, 42(6), Sch. 1 para. 6, Sch. 9 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

Sch. 27 para. 3A inserted (1.1.2002 (E.) 1.4.2002 (W.)) by 2001 c. 10, s. 10 Sch. 1 para. 7 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614 art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Words in Sch. 27 para. 3A(1) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 58(a) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

Words in Sch. 27 para. 4(1) inserted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 8(a) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Words in Sch. 27 para. 4(1)(a)(b) substituted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 8(b) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614 art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Sch. 27 para. 4(2)(c)(d) inserted (1.1.2002 (E.), 1.4.2002 (W.)) by virtue of 2001 c. 10, s. 10, Sch. 1 para 9 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614 art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Words in Sch. 27 para. 4(4)(a) substituted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 10 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Words in Sch. 27 para. 4(5) substituted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 10 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Words in Sch. 27 para. 5(1) inserted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 11 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Words in Sch. 27 para. 5(2) inserted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 12 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Sch. 27 para. 5(2A)(2B) inserted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 13 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Sch. 27 para. 5(3) substituted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 174(3)(a), 188(2) (with s. 174(4))

Sch. 27 para. 6 substituted (15.6.2001 for E. for certain purposes and otherwise 1.1.2002 and 8.12.2001 for W. for certain purposes and otherwise 1.4.2002) by 2001 c. 10, s. 10, Sch. 1 para. 14 (with s. 43(13)); S.I. 2001/2217, arts. 4, 5, Sch. Pts. I, II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, arts. 4, 5, Sch. Pts. I, II

Words in Sch. 27 para. 8(1)(a) substituted (1.9.1999) by School Standards and Framework Act 1998 (c. 31), ss. 140(1)(2), 145(3), Sch. 30 para. 186(3); S.I. 1999/2323, art. 2(1), Sch. 1

Words in Sch. 27 para. 8(1)(a) inserted (1.9.2003 for E., 31.10.2005 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 58(b) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2005/2910, art. 4, Sch.

Sch. 27 para. 8(1)(b)(iii) repealed (1.4.2002 for W., otherwise prosp.) by 2001 c. 10, ss. 10, 42(6), 43, Sch. 1 para. 15(f), Sch. 9 (with s. 43(13)); S.I. 2002/74, art. 5, Sch. Pt. II

Words in Sch. 27 para. 8(1)(b)(iv) substituted (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 26(3), Sch. para. 5(a) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 3(m)

Words in Sch. 27 para. 8(3)(a) substituted (1.4.2002 for W., otherwise prosp.) by 2001 c. 10, ss. 42(1), 43, Sch. 8 para. 9(1) (with s. 43(13)); S.I. 2002/74, art. 5, Sch. Pt. II

Sch. 27 para. 8(3A) inserted (1.4.2002 for W., otherwise prosp.) by 2001 c. 10, ss. 42(1), 43, Sch. 8 para. 9(2) (with s. 43(13)); S.I. 2002/74, art. 5, Sch. Pt. II

Words in Sch. 27 para. 9(1) repealed (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, ss. 10, 42(6), Sch. 1 para. 16(g), Sch. 9 (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

Word in Sch. 27 para. 9(2)(a) inserted (1.1.2002 (E.) and 1.4.2002 (W.)) by 2001 c. 10, s. 10, Sch. 1 para. 16(h)(i) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Sch. 27 para. 9(2)(b) omitted (1.1.2002 (E.) and 1.4.2002 (W.)) by virtue of 2001 c. 10, s. 10, Sch. 1 para. 16(h)(ii) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II, (as amended by 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Word in Sch 27 para. 9(2)(c) omitted (1.1.2002 (E.) and 1.4.2002 (W.)) by virtue of 2001 c. 10, s. 10, Sch. 1 para. 16(h)(ii) (with s. 42(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Sch. 27 para 9(2)(d) omitted (1.1.2002 (E.) and 1.4.2002 (W.)) by virtue of 2001 c. 10, s. 10, Sch. 1 para. 16(h)(ii) (with s. 42(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Sch. 27 para. 10 repealed (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, ss. 10, 42(6), Sch. 1 para. 17, Sch. 9 (with s. 42(13)); S.I 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

Words in Sch. 27 para. 11(2)(a) substituted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 10(1) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

Sch. 27 para. 11(2A) inserted (11.5.2001 for certain purposes, 1.1.2002 otherwise for E. and 1.4.2002 otherwise for W.) by 2001 c. 10, ss. 42(1), 43(4)(e), Sch. 8 para. 10(2) (with s. 43(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2002/74, art. 5, Sch. Pt. II

Sch. 27 para. 11(2B) inserted (8.1.2007) by Education and Inspections Act 2006 (c. 40), ss. 174(3)(b), 188(2) (with s. 174(4))

Words in Sch. 27 para. 11(4) substituted (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 26(3), Sch. para. 5(b) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 3(m)

Sch. 27 para. 11(5) inserted (1.1.2002 (E.), 1.4.2002 (W.)) by 2001 c. 10, s. 6 (with s. 42(13)); S.I. 2001/2217, art. 5, Sch. Pt. II (as amended by S.I. 2001/2614, art. 4); S.I. 2001/3992, art. 5, Sch. Pt. II

Words in Sch. 27 para. 11(5)(a) substituted (6.3.2012) by Education (Wales) Measure 2009 (nawm 5), s. 26(3), Sch. para. 5(c) (as amended (5.5.2010) by S.I. 2010/1148, arts. 1, 5(2)); S.I. 2012/320, art. 3(m)

Sch. 28 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 187, Sch. 31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/2323, Sch. 6 para. 2, Sch. 7 paras. 2, 10); S.I. 1999/2323, art. 2(1), Sch. 1

Words in Sch. 28 para. 14 inserted (1.4.1998) by 1997 c. 44, s. 57(1), Sch. 7 para.50; S.I. 1998/386, art. 2(2), Sch. 1 Pt. II

Words in Sch. 28 para. 15 substituted (1.4.1998) by 1997 c. 44, s. 3(2) (with s. 57(3)); S.I. 1998/386, art. 2(2), Sch. 1 Pt.II (with Sch. 2 Pt. I) (which s. 3(2) is repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 208(a), Sch.31 (with ss. 138(9), 144(6))); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 28 para. 16 inserted (1.9.1998) by 1997 c. 44, s. 8(3) (with s. 57(3)); S.I. 1998/386, art. 2(4), Sch. 1 Pt. IV

Sch. 29 repealed (1.3.1998) by 1997 c. 44, s. 57(4), Sch.8; S.I. 1998/386, art. 2(1), Sch. 1 Pt.I

Sch. 30 repealed and replaced (1.10.1997) by 1997 c. 44, ss. 27(5), 57(4), Schs. 5,8; S.I. 1997/1468, art. 2(3), Sch. 1 Pt. III

Sch. 31 para. 11 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 188, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 31 para. 15 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 188, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 31A inserted (29.4.2026 but only in relation to the power to make regulations conferred by s. 436E and Sch. 31A para. 5, otherwise prosp.) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 38(7), 78(1)(a)(3)(5)

Sch. 32 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(a), Sch.31 (with ss. 138(9), 144(6) and with savings in S.I. 1999/1016, art. 6, Sch. 4 para. 6); S.I. 1999/1016, art. 2(3), Sch. 3

Sch. 33 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(b), Sch. 31 (with ss. 138(9), 144(6) and subject to savings in S.I. 1999/1016, art. 6, Sch. 4 para. 8 and S.I. 1999/2323, Sch. 6 paras. 2, 5); S.I. 1999/1016, art. 2(3), Sch. 3

Sch. 33A repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(c), Sch. 31 (with ss. 138(9), 144(6) and with savings in S.I. 1999/1016, art. 6, Sch. 4 para. 8); S.I. 1999/1016, art. 2(3), Sch. 3

Sch. 33A inserted (1.9.1997) by 1997 c. 44, s. 12(2), Sch.2 (with s. 57(3)); S.I. 1997/1468, art. 2(2), Sch. 1 Pt.II

Sch. 33A inserted (1.9.1997) by 1997 c. 44, s. 12(2), Sch.2 (with s. 57(3)); S.I. 1997/1468, art. 2(2), Sch. 1 Pt. II

Sch. 33A inserted (1.9.1997) by 1997 c. 44, s. 12(2), Sch.2 (with s. 57(3)); S.I. 1997/1468, art. 2(2), Sch. 1 Pt.II

Sch. 33A inserted (1.9.1997) by 1997 c. 44, s. 12(2), Sch.2 (with s. 57(3)); S.I. 1997/1468, art. 2(2), Sch. 1 Pt. II

Sch. 33A inserted (1.9.1997) by 1997 c. 44, s. 12(2), Sch.2 (with s. 57(3)); S.I. 1997/1468, art. 2(2), Sch. 1 Pt.II

Sch. 33B repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(d), Sch. 31 (with ss. 138(9), 144(6) and with savings in S.I. 1999/1016, art. 6, Sch. 4 paras. 2, 8); S.I. 1999/1016, art. 2(3), Sch. 3

Sch. 33B inserted (1.9.1997 so far as relating to paras. 3 and 4 and otherwise prosp.) by 1997 c. 44, ss. 14(2), 58(3), Sch. 3 (with s. 57(3)); S.I. 1997/1468. art. 2(2), Sch. 1 Pt.II

Sch. 33B inserted (1.9.1997 so far as relating to paras. 3 and 4) by 1997 c. 44, ss. 14(2), 58(3), Sch. 3 (with s. 57(3)); S.I. 1997/1468, art. 2(2), Sch. 1 Pt.II

Sch. 34 repealed (1.9.2003 for E., 1.1.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/2961, art. 6, Sch. Pt. III

Sch. 35 repealed (1.9.1997) by 1997 c. 59, ss. 1(1)(c), 6(3), 7(3)(a), Sch. Pt. I (with s. 1(3))

Sch. 35A repealed (1.2.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 14 para. 17; S.I. 2012/84, art. 3 (with art. 5)

Sch. 35B inserted (1.9.2007 for the insertion of Sch. 35B para. 1 for specified purposes and paras. 2-10, 14, 15 for all purposes, 1.9.2008 in so far as not already in force) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 8; S.I. 2007/1801, art. 4(k); S.I. 2008/1971, art. 2(b)

Sch. 35B para. 8(1)(c) substituted (1.9.2012) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 52(2); S.I. 2012/2197, art. 2(c)

Words in Sch. 35B para. 8(1) substituted (1.9.2012) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 52(3); S.I. 2012/2197, art. 2(c)

Sch. 35B para. 8(2)(b) substituted (1.9.2012) by Education and Skills Act 2008 (c. 25), s. 173(4), Sch. 1 para. 52(4); S.I. 2012/2197, art. 2(c)

Words in Sch. 35B para. 8(2)(b) substituted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 1 para. 7; S.I. 2012/1087, art. 3 (with art. 4)

Words in Sch. 35B para. 15(2)(f) substituted (1.4.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 13 para. 9(20); S.I. 2012/924, art. 2

Words in Sch. 35B para. 15(3)(a) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 61(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Word in Sch. 35B para. 15(3)(b) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 61(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in Sch. 35B para. 15(4) substituted by 2010 c. 15, Sch. 26 Pt. 1 para. 40 (as inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 5) (see S.I. 2010/2317, art. 2)

Sch. 35C inserted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 9; S.I. 2007/935, art. 5(dd)

Words in Sch. 35C para. 14 substituted by 2010 c. 15, Sch. 26 Pt. 1 para. 41 (as inserted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 5) (see S.I. 2010/2317, art. 2)

Words in Sch. 36 para. 2(b) substituted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), s. 125(4), Sch. 9 para. 10; S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1

Sch. 36A inserted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), arts. 1, 3(4), Sch. 1 (with Sch. 4 para. 1)

Words in Sch. 36A para. 2 omitted (29.4.2026 but only for the purposes of making regulations) by virtue of Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 28(6), 78(1)(a)(3)(5)

Sch. 36A: entries repealed (1.10.2010) by 2010 c. 15, Sch. 26 Pt. 1 para. 42(2), Sch. 27 Pt. 1 (as substituted by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 5); S.I. 2010/2317, art. 2

Words in Sch. 36A para. 2 inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 62(2); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in Sch. 36A para. 2 substituted (1.4.2026) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 8(10)(a) (with s. 19); W.S.I. 2026/62, art. 2(ww)(v)

Words in Sch. 36A para. 2 omitted (1.4.2026) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 8(10)(b) (with s. 19); W.S.I. 2026/62, art. 2(ww)(v)

Words in Sch. 36A para. 2 omitted (1.4.2026) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 8(10)(c) (with s. 19); W.S.I. 2026/62, art. 2(ww)(v)

Words in Sch. 36A para. 2 omitted (21.9.2015) by virtue of Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 4 para. 1(3)(a); S.I. 2015/1687, art. 2 (with arts. 3-12)

Words in Sch. 36A para. 2 inserted (21.9.2015) by Qualifications Wales Act 2015 (anaw 5), s. 60(2), Sch. 4 para. 1(3)(b); S.I. 2015/1687, art. 2 (with arts. 3-12)

Words in Sch. 36A para. 2 omitted (1.9.2014) by virtue of Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 62(3); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Words in Sch. 36A para. 2 omitted (1.4.2026) by virtue of Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 8(10)(d) (with s. 19); W.S.I. 2026/62, art. 2(ww)(v)

Words in Sch. 36A inserted (1.10.2010) by 2010 c. 15, Sch. 26 Pt. 1 para. 42(3), Sch. 27 Pt. 1 (as substituted by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 1 para. 5); S.I. 2010/2317, art. 2

Sch. 37 para. 9 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(e), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 37 para. 11 repealed (S.) (1.8.2014) by Children and Young People (Scotland) Act 2014 (asp 8), s. 102(3), sch. 5 para. 6; S.S.I. 2014/131, art. 2(2)(3), sch.

Sch. 37 para. 13 repealed (1.4.2003 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2007/3611, art. 4(1), Sch. Pt. 1)

Sch. 37 paras. 15, 16 repealed (25.8.2000) by 2000 c. 6, ss. 165(4), 168, Sch. 12 Pt. I (with Sch. 11 paras. 1, 2)

Sch. 37 para. 17 repealed (1.3.1998 in so far as Sch. 37 relates to School Curriculum and Assessment Authority and otherwise 1.10.1997) by 1997 c. 44, ss. 57(4), 58(3), Sch.8; S.I. 1997/1468, art. 2(3), Sch. 1 Pt. III; S.I. 1998/386, art. 2(1), Sch. 1 Pt.I

Words in Sch. 37 para. 21(1)(a) repealed (1.3.1998 in so far as relating to School Curriculum and Assessment Authority and otherwise 1.10.1997) by 1997 c. 44, ss. 57(4), 58(3), Sch.8; S.I. 1997/1468, art. 2(3), Sch. 1 Pt. III; S.I. 1998/386, art. 2(1), Sch. 1 Pt.I

Sch. 37 para. 21(1)(b) and the word immediately preceding it repealed (1.3.1998 in so far as relating to the School Curriculum and Assessment Authority and otherwise 1.10.1997) by 1997 c. 44, ss. 57(4), 58(3), Sch.8; S.I. 1997/1468, art. 2(3), Sch. 1 Pt. III; S.I. 1998/386, art. 2(1), Sch. 1 Pt.I

Sch. 37 para. 21(2) repealed (1.3.1998 in so far as relating to the School Curriculum and Assessment Authority and otherwise 1.10.1997) by 1997 c. 44, ss. 57(4), 58(3), Sch. 8; S.I. 1997/1468, art. 2(3), Sch. 1 Pt. III; S.I. 1998/386, art. 2(1), Sch. 1 Pt.I

Sch. 37 para. 26 repealed (20.6.2003) by The Enterprise Act 2002 (Consequential and Supplemental Provisions) Order 2003 (S.I. 2003/1398), art. 1, Sch. para. 25

Sch. 37 para. 27 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(e), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 37 para. 31 repealed by 2010 c. 15, Sch. 27 Pt. 1 (as substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2) (see S.I. 2010/2317, art. 2)

Sch. 37 para. 32 repealed by 2010 c. 15, Sch. 27 Pt. 1 (as substituted (1.10.2010 by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2) (see S.I. 2010/2317, art. 2)

Sch. 37 para. 33 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(e), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 37 paras. 34-36 repealed by 2010 c. 15, Sch. 27 Pt. 1 (as substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2) (see S.I. 2010/2317, art. 2)

Sch. 37 para. 37(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(e), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 37 para. 37(b) repealed by 2010 c. 15, Sch. 27 Pt. 1 (as substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2) (see S.I. 2010/2317, art. 2)

Sch. 37 para. 39 repealed by 2010 c. 15, Sch. 27 Pt. 1 (as substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2) (see S.I. 2010/2317, art. 2)

Sch. 37 para. 40 repealed by 2010 c. 15, Sch. 27 Pt. 1 (as substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2) (see S.I. 2010/2317, art. 2)

Sch. 37 para. 41 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(e), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 37 para. 42 repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1)

Sch. 37 para. 43 repealed by 2010 c. 15, Sch. 27 Pt. 1 (as substituted (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2) (see S.I. 2010/2317, art. 2)

Sch. 37 paras. 44-46 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

Sch. 37 para. 49 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 10 Group 2

Sch. 37 para. 53 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 2 Group 2

Sch. 37 para. 55 repealed (1.10.2002 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/1718, art. 5, Sch. Pt. II

Sch. 37 para. 58 repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, art. 3(c)(xii) (subject to art. 4); S.I. 2002/920, art. 3(3)(g)(x) (subject to art. 3(2), Schs. 1-3 and with art. 3(5)-(10))

Sch. 37 para. 63 repealed (28.9.2000) by 2000 c. 22, ss. 107(2), 108(2)(c), Sch. 6

Sch. 37 para. 64(3) omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 43

Sch. 37 para. 65 repealed (1.9.2005) by Education Act 2005 (c. 18), s. 125(3)(b), Sch. 19 Pt. 3

Sch. 37 para. 70 repealed (1.4.2001) by 2000 c. 21, s. 153, Sch. 11 (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(2), Sch. Pt. I (with art. 3)

Words in Sch. 37 para. 74 substituted (1.10.1998) by 1998 c. 31, s. 136 (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2, Sch. 1 Pt. I

Sch. 37 para. 75 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(e), Sch. 31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 37 para. 76 repealed (2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2007/3611, art. 4(1), Sch. Pt. 1

Sch. 37 para. 78 repealed (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch.5

Sch. 37 para. 82(1)(b) and the word immediately preceding it repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(e), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 37 para. 82(2)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(e), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 37 para. 82(2)(c) and the word immediately preceding it repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 31 para. 189(e), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 37 para. 82(3) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(e), Sch.31 (with ss. 138(9), 144(6)); S.I 1999/2323, art. 2(1), Sch. 1

Sch. 37 para. 84 repealed (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 3 Pt. 1

Sch. 37 para. 86 repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, arts. 3(3)(c)(xii) (subject to art. 4); S.I. 2002/920, art. 3(3)(g)(x) (subject to art. 3(2), Schs. 1-3 and with art. 3(5)-(10))

Sch. 37 para. 88 repealed (1.4.2002) by 2000 c. 14, ss. 117(2), Sch. 6; S.I. 2001/4150, arts. 3(3)(c)(xii) (subject to art. 4); S.I. 2002/920, art. 3(3)(g)(x) (subject to art. 3(2), Schs. 1-3 and with art. 3(5)-(10))

Sch. 37 para. 89 repealed (1.4.2002) by 2000 c. 14, s. 117(2), Sch. 6; S.I. 2001/4150, arts. 3(3)(c)(xii) (subject to art. 4); S.I. 2002/920, art. 3(3)(g)(x) (subject to art. 3(2), Schs. 1-3 and with art. 3(5)-(10))

Sch. 37 para. 96(2) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(e), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 37 para. 97 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(e), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 37 para. 101 repealed (1.8.2003) by Education Act 2002 (c. 32), s. 216(2), Sch. 22 Pt. 1 (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 2

Sch. 37 para. 104 and cross-heading repealed (29.6.2021) by Diocesan Boards of Education Measure 2021 (No. 1), ss. 21(3)(a), 24(3) (with s. 23(8), Sch. 2 para. 6)

Sch. 37 para. 102 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(e), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 37 para. 103 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(e), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 37 para. 105 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(e), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 37 para. 106 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(e), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 37 para. 107 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 107, Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 37 para. 108 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(e), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 37 para. 110(2)(3)(a) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(e), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 37 para. 112 repealed (1.4.2001) by 2000 c. 21, s. 153, Sch. 11 (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(2), Sch. Pt. I (with art. 3)

Sch. 37 para. 113 repealed (1.1.2001 (W.) 1.4.2001 (E.)) by 2000 c. 21, s. 153, Sch. 11 (with s. 150); S.I. 2000/3230, art. 2, Sch.; S.I. 2001/654, art. 2(2), Sch. Pt. II

Sch. 37 para. 117(4)(b) and preceding word repealed (2.4.2001) by 2000 c. 34, s. 9(2), Sch. 3 (with s. 10(5)); S.I. 2001/566, art. 2(1) (with art. 2(2))

Sch. 37 para. 118(3)(d) repealed (1.9.2002) by 2001 c. 10, s. 42(1)(6), Sch. 8 para. 4, Sch. 9 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

Sch. 37 para. 119 repealed (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 10 (with s. 20(2), Sch. 8)

Sch. 37 para. 121 repealed (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 10 (with s. 20(2), Sch. 8)

Sch. 37 para. 122 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(e), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 37 paras. 123, 124 and cross-heading omitted (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 41

Sch. 37 para. 125(c)(d) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(e), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Sch. 37 para. 129 repealed (1.9.2002) by 2001 c. 10, ss. 38(14), 42(6), Sch. 9 (with s. 43(13)); S.I. 2002/2217, art. 3, Sch. 1 Pt. 1

Sch. 37 para. 131 repealed (1.4.2003 for E., 2.1.2008 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2007/3611, art. 4(1), Sch. Pt. 1)

Sch. 39 Pt. I para. 2(3) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(f) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2, Sch. 1

Sch. 39 para. 15 repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(f), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Words in Sch. 39 para. 44(2)(b) substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), art. 1, Sch. 2 para. 7(16)

Sch. 40 repealed (1.10.1998) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 189(g), Sch. 31 (with ss. 138(9), 144(6)); S. I. 1998/2212, art. 2, Sch. 1 Pt.I

Act to be construed with 1996 c. 57 (1.11.1996) by virtue of 1996 c. 57, ss. 46(4), 48(2)

Act to be construed with 1997 c. 44 (14.6.1997) by virtue of 1997 c. 44, s. 56(2); S.I. 1997/1468, art. 2(1), Sch. 1 Pt. I

Act to be construed with 1997 c. 59, ss. 1-3 (31.7.1997) by virtue of 1997 c. 59, s. 4(3)

Act to be construed with 1998 c. 18 (11.9.1998) by virtue of 1998 c. 18, ss. 36(6), 55(2)

Act to be construed with 1998 c. 31 (24.7.1998) by virtue of 1998 c. 31, s. 142(8)(9)

Act to be construed with specified provisions of Education Act 2002 (24.7.2002) by virtue of Education Act 2002 (c. 32), ss. 212(2)-(4), 216(1) (with ss. 210(8), 214(4))

Act applied (24.7.1998) by 1998 c. 31, ss. 20, 145(4), Sch. 2 para. 3

Act applied (1.6.2001) by S.I. 2001/1507, reg. 2, Sch. 2 para. 2

Act excluded (26.5.1999) by S.I. 1999/1287, reg. 5(2)(3)

Act: powers transferred in part (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1; S.I. 1999/3178, art. 2(1)

Act: power to delegate certain functions restricted (1.9.1999) by S.I. 1999/2242, reg. 42(1)(5)

Act: certain functions of a local education authority made exercisable (E.) (1.4.2002) by authorised persons by Contracting Out (Local Education Authority Functions) (England) Order 2002 (S.I. 2002/928), art. 3, Sch. 1

Act modified (1.9.1999) by 1998 c. 31, s. 126

Act construed with 1998 c. 38, s. 145B (as inserted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), ss. 4, 73; S.I. 2005/558, art. 2, Sch. 1)

Act applied (1.4.2005) by The Central Sussex College (Government) Regulations 2005 (S.I. 2005/397), Sch. 2 para. 2

Act modified (7.4.2005) by Education Act 2005 (c. 18), s. 96(2)

Act modified (7.4.2005) by Education Act 2005 (c. 18), s. 122

Act Education Acts modified (temp.) (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 6 para. 3(3); S.I. 2007/935, art. 5(bb)

Act modified (12.11.2009) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 264(5)

Act modified (27.7.2010) by Academies Act 2010 (c. 32), s. 17(4)

Act modified (29.7.2010) by Academies Act 2010 (c. 32), ss. 4(6), 19(2); S.I. 2010/1937, art. 2, Sch. 1

Act applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) Regulations 2010 (S.I. 2010/875), regs. 1(2), 16, Sch. 2 (which amending S.I. was revoked (27.8.2010) by S.I. 2010/1906, reg. 2)

Act applied (with modifications) (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), reg. 16(2)(c), Sch. 2

Act construed as one with 2013 anaw 1 (26.4.2013 for specified purposes, 4.5.2013 in so far as not already in force) by School Standards and Organisation (Wales) Act 2013 (anaw 1), s. 98(1)(2), 100(4); S.I. 2013/1000, arts. 2(d), 3(b)

Act modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), reg. 4

Act modified (1.9.2014) by Children and Families Act 2014 (c. 6), ss. 100(6), 139(6); S.I. 2014/889, art. 7(c)

Act modified (1.9.2014) by Children and Families Act 2014 (c. 6), ss. 83(7), 139(6); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

Act: to be construed as one with this Act (5.8.2015) by virtue of Qualifications Wales Act 2015 (anaw 5), ss. 57(1)(2), 60(1)(c)

Act modified (25.1.2018) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 99(6)(7)

S. 1(4) excluded by 2002 c. 32, s. 28A(5) (as inserted (1.9.2005 for E., 1.9.2006 for W.) by Education Act 2005 (c. 18), ss. 105, 125(4); S.I. 2005/2034, art. 4; S.I. 2006/1338, art. 3, Sch. 1)

S. 3: power to modify conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 5 (with ss. 88-90)

S. 4(1) restricted (1.9.2000 (E.) and 1.4.2001 (W.)) by 2000 c. 21, s. 110(3) (with s. 150); S.I. 2000/2114, art. 2(3), Sch. Pt. III; S.I. 2001/1274, art. 2(1), Sch. Pt. I

S. 10 amended (1.11.1996) by 1994 c. 30, s. 11A, as inserted by 1996 c. 56, ss. 582(1)(3), 583(2), Sch. 37 Pt. I para.126 (with ss. 1(4), 561, 562, Sch. 39)

S. 11 amended (1.11.1996) by 1994 c. 30, s. 11A, as inserted by 1996 c. 56, ss. 582(1)(3), 583(2), Sch. 37 Pt. I para.126 (with ss. 1(4), 561, 562, Sch. 39)

S. 13 modified (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 36, 162 (with s. 159)

S. 13 modified (temp.) (1.8.2024) by The Tertiary Education and Research (Wales) Act 2022 (Commencement No. 4 and Transitory and Transitional Provisions) Order 2024 (S.I. 2024/806), art. 19 (with art. 28)

S. 13A functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 12(1)(b)(2)(3)

S. 13A functions made exercisable concurrently (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 18 (with art. 28)

S. 13A: functions made exercisable concurrently (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 5(1)(2)(b)(3)-(5)

S. 13A: functions made exercisable concurrently (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 5(1)-(5)

S. 13A: functions made exercisable concurrently (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 33 (with art. 9)

S. 15ZA(6)(7) applied (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 83(4), 269(4); S.I. 2010/303, art. 3, Sch. 2

S. 15ZA functions made exercisable concurrently (1.4.2011) by The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), arts. 1, 10, Sch. 3 para. 6

S. 15ZA functions made exercisable concurrently (1.4.2014) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority Order 2014 (S.I. 2014/863), art. 1, Sch. 2 para. 4

S. 15ZA functions made exercisable concurrently (1.4.2014) by The Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014 (S.I. 2014/865), art. 1, Sch. 2 para. 3 (with art. 8(4))

S. 15ZA functions made exercisable concurrently (15.4.2014) by The Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority Order 2014 (S.I. 2014/1012), arts. 1, 12(1), Sch. 2 para. 3

S. 15ZA functions made exercisable concurrently (1.4.2016) by The Tees Valley Combined Authority Order 2016 (S.I. 2016/449), arts. 1(a), 7, Sch. 2 para. 3

Ss. 15ZA-15ZC functions made exercisable concurrently (17.6.2016) by The West Midlands Combined Authority Order 2016 (S.I. 2016/653), art. 1(2), Sch. 3 para. 3

S. 15ZA functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 25(1), Sch. 5 paras. 1, 3

S. 15ZA functions made exercisable (3.3.2017) by The Cambridgeshire and Peterborough Combined Authority Order 2017 (S.I. 2017/251), arts. 1(2)(b), 10(b)

S. 15ZA functions made exercisable concurrently (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 18 (with art. 28)

S. 15ZA: functions made exercisable concurrently (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 33 (with art. 9)

S. 15ZB functions made exercisable concurrently (1.4.2011) by The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), arts. 1, 10, Sch. 3 para. 6

S. 15ZB functions made exercisable concurrently (1.4.2014) by The Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014 (S.I. 2014/865), art. 1, Sch. 2 para. 3 (with art. 8(4))

S. 15ZB functions made exercisable concurrently (1.4.2014) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority Order 2014 (S.I. 2014/863), art. 1, Sch. 2 para. 4

S. 15ZB functions made exercisable concurrently (15.4.2014) by The Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority Order 2014 (S.I. 2014/1012), arts. 1, 12(1), Sch. 2 para. 3

S. 15ZB functions made exercisable concurrently (1.4.2016) by The Tees Valley Combined Authority Order 2016 (S.I. 2016/449), arts. 1(a), 7, Sch. 2 para. 3

S. 15ZB functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 25(1), Sch. 5 paras. 1, 3

S. 15ZB functions made exercisable (3.3.2017) by The Cambridgeshire and Peterborough Combined Authority Order 2017 (S.I. 2017/251), arts. 1(2)(b), 10(b)

S. 15ZB functions made exercisable concurrently (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 18 (with art. 28)

S. 15ZB: functions made exercisable concurrently (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 33 (with art. 9)

S. 15ZC functions made exercisable concurrently (1.4.2011) by The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), arts. 1, 10, Sch. 3 para. 6

S. 15ZC functions made exercisable concurrently (1.4.2014) by The Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014 (S.I. 2014/865), art. 1, Sch. 2 para. 3 (with art. 8(4))

S. 15ZC functions made exercisable concurrently (1.4.2014) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority Order 2014 (S.I. 2014/863), art. 1, Sch. 2 para. 4

S. 15ZC functions made exercisable concurrently (15.4.2014) by The Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority Order 2014 (S.I. 2014/1012), arts. 1, 12(1), Sch. 2 para. 3

S. 15ZC functions made exercisable concurrently (1.4.2016) by The Tees Valley Combined Authority Order 2016 (S.I. 2016/449), arts. 1(a), 7, Sch. 2 para. 3

S. 15ZC functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 25(1), Sch. 5 paras. 1, 3

S. 15ZC functions made exercisable (3.3.2017) by The Cambridgeshire and Peterborough Combined Authority Order 2017 (S.I. 2017/251), arts. 1(2)(b), 10(b)

S. 15ZC functions made exercisable concurrently (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 18 (with art. 28)

S. 15ZC: functions made exercisable concurrently (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 33 (with art. 9)

S. 15A restricted (1.4.2001 (W.) and 1.8.2002 (E.)) by 2000 c. 21, s. 110(4) (with s. 150); S.I. 2001/1274, art. 2(1), Sch. Pt. I; S.I. 2002/279, art. 2(3)(b)

S. 15A functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 12(1)(c)(2)(3)

S. 15A: functions made exercisable concurrently (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 5(1)(2)(c)(3)-(5)

Words in s. 15A(2) inserted (28.7.2000 for certain purposes otherwise 1.4.2001) by 2000 c. 21, ss. 149, 154(5), Sch. 9 para. 54(4) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I

S. 15B functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 12(1)(d)(2)(3)

S. 15B: functions made exercisable concurrently (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 5(1)(2)(d)(3)-(5)

S. 17 functions made exercisable concurrently (1.4.2016) by The Tees Valley Combined Authority Order 2016 (S.I. 2016/449), arts. 1(a), 7, Sch. 2 para. 3

S. 17 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 25(1), Sch. 5 paras. 1, 3

S. 17 functions made exercisable (3.3.2017) by The Cambridgeshire and Peterborough Combined Authority Order 2017 (S.I. 2017/251), arts. 1(2)(b), 10(b)

S. 18A(1)(b) functions made exercisable concurrently (1.4.2011) by The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), arts. 1, 10, Sch. 3 para. 6

S. 18A(1)(b) functions made exercisable concurrently (1.4.2014) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority Order 2014 (S.I. 2014/863), art. 1, Sch. 2 para. 4

S. 18A(1)(b) functions made exercisable concurrently (1.4.2014) by The Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014 (S.I. 2014/865), art. 1, Sch. 2 para. 3 (with art. 8(4))

S. 18A(1)(b) functions made exercisable concurrently (15.4.2014) by The Durham, Gateshead, Newcastle Upon Tyne, North Tyneside, Northumberland, South Tyneside and Sunderland Combined Authority Order 2014 (S.I. 2014/1012), arts. 1, 12(1), Sch. 2 para. 3

S. 18A(1)(b) functions made exercisable concurrently (1.4.2016) by The Tees Valley Combined Authority Order 2016 (S.I. 2016/449), arts. 1(a), 7, Sch. 2 para. 3

S. 18A(1)(b) functions made exercisable concurrently (17.6.2016) by The West Midlands Combined Authority Order 2016 (S.I. 2016/653), art. 1(2), Sch. 3 para. 3

S. 18A(1)(b) functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 25(1), Sch. 5 paras. 1, 3

S. 18A(1)(b) functions made exercisable (3.3.2017) by The Cambridgeshire and Peterborough Combined Authority Order 2017 (S.I. 2017/251), arts. 1(2)(b), 10(b)

S. 18A(1)(b) functions made exercisable concurrently (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 18 (with art. 28)

S. 18A(1)(b): functions made exercisable concurrently (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 33 (with art. 9)

S. 19 excluded (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 36(5)(c)(10), 162 (with s. 159)

S. 19: power to modify conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 5 (with ss. 88-90)

S. 19(3A) modified (18.5.2012) by The Wiltshire Council (Arrangements for the Provision of Suitable Education) Order 2012 (S.I. 2012/1107), arts. 1(2)(a), 6(2) (with art. 5)

Pt. III Chapter II (ss. 184-200) modified (1.11.1996) by 1996 c. 57, ss. 37(3), 48(2)

Pt. III Chapter V (ss. 218-243) modified (1.11.1996) by 1996 c. 57, ss. 37(3), 48(2)

S. 245 applied (with modifications) (1.3.1999) by S.I. 1999/274, reg. 2

S. 246 modified (20.11.1998) by S.I. 1998/2670, reg. 7(1)

S. 247 modified (20.11.1998) by S.I. 1998/2670, reg. 7(2)

S. 247 applied (with modifications) (1.3.1999) by S.I. 1999/274, regs. 3, 4

S. 247 modified (1.4.1999) by S.I. 1999/532, reg. 5(1)

S. 247: functions transferred (1.4.1999) by S.I. 1999/532, reg. 4

S. 248 applied (with modifications) (1.3.1999) by S.I. 1999/274,reg. 5

S. 248 modified (1.4.1999) by S.I. 1999/532, reg. 6

S. 248: functions transferred (1.4.1999) by S.I. 1999/532, reg. 4

S. 248(1)-(4) modified (20.11.1998) by S.I. 1998/2670, reg. 7(3)

Pt. 4 power to amend or repeal conferred (10.2.2012) by Education (Wales) Measure 2009 (nawm 5), ss. 18, 26(3); S.I. 2012/320, art. 2(g)

Pt. 4 Ch. 1 excluded (1.9.2014) by Children and Families Act 2014 (c. 6), ss. 81, 139(6); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 313(2) applied (E.) (1.2.2008) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 (S.I. 2007/2979), reg. 1(1), Sch. 1 para. 1

S. 316 modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 5

S. 316(2)(3) excluded (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 36(5)(d)(10), 162 (with s. 159)

S. 316A(2)(c) amendment to earlier affecting provision S.I. 2007/2599, art. 8 (30.9.2010) by The New Woodlands School (Amendment) Order 2010 (S.I. 2010/2196), arts. 1, 2

S. 316A(2) modified (17.12.2007) by The Harbour School Order 2007 (S.I. 2007/3205), arts. 1, 3(a), 5, 6, 10 (as amended (15.12.2010) by The Harbour School (Amendment) Order 2010 (S.I. 2010/2804), arts. 1, 2)

S. 316A(2)(c) modified (temp.) (1.10.2007) by The New Woodlands School Order 2007 (S.I. 2007/2599), arts. 1, 3(a) (with arts. 4, 8)

S. 317 modified (5.11.2004) by The New Relationship with Schools (Governors Annual Report) Order 2004 (S.I. 2004/2683), arts. 1(1), 3

S. 317(1) modified (31.3.2004) by The Blackburn with Darwen (Maintained Nursery School Governance) Order 2004 (S.I. 2004/657), arts. 1(1), 3(a)

S. 317(1)-(3) applied (with modifications) (E.) (1.2.2008) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 (S.I. 2007/2979), reg. 1(1), Sch. 1 para. 2

S. 317(1)(c) modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 6(1)(a)

S. 317(4) applied (with modifications) (E.) (1.2.2008) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 (S.I. 2007/2979), reg. 1(1), Sch. 1 para. 2

S. 317(4) modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 7(a)

S. 317(5) modified (1.12.2004) by The New Relationship with Schools (Governors Annual Report) (No 2) Order 2004 (S.I. 2004/2810), arts. 1(1), 3(a)

S. 317A(1) modified (31.3.2004) by The Blackburn with Darwen (Maintained Nursery School Governance) Order 2004 (S.I. 2004/657), arts. 1(1), 3(a)

S. 324(5)(b)(5A) applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-8

S. 324(5)(b)(5A) applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(a), 2-8

S. 324(5)(b)(5A) applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(a)

S. 324(5)(b) applied (with modifications) (W.) (1.2.2006) by The New School (Admissions) (Wales) Regulations 2006 (S.I. 2006/175), regs. 1(1), 9, Sch. (with reg. 2(2))

S. 324(5A) applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(a)

S. 324(5A) applied (with modifications) (W.) (1.2.2006) by The New School (Admissions) (Wales) Regulations 2006 (S.I. 2006/175), regs. 1(1), 9, Sch. (with reg. 2(2))

S. 326(3) restricted (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 36(6), 162 (with s. 159)

S. 329A modified (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 36(9)(b), 162 (with s. 159)

S. 329A modified (temp.) (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 20(5); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505)

S. 329A(13)(a) modified (31.3.2004) by The Blackburn with Darwen (Maintained Nursery School Governance) Order 2004 (S.I. 2004/657), arts. 1(1), 3(a)

S. 333: transfer of functions (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), arts. 1(1), 3(1), 4, 5, Sch. 1 Table 1 (with Sch. 4)

S. 336 applied (with modifications) (1.7.1999) by S.I. 1999/672, art. 5, Sch. 2

S. 342: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 34(6)(a), 70(2); S.I. 2018/346, reg. 4(e)

S. 342: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 35(4)(a), 70(2); S.I. 2018/346, reg. 4(f)

Pt. V (ss. 350-410) modified (1.9.1999) by S.I. 1999/2262, reg. 57

Pt. V Ch. IV: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 34(6)(b), 70(2); S.I. 2018/346, reg. 4(e)

Pt. V Ch. IV: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 35(4)(b), 70(2); S.I. 2018/346, reg. 4(f)

S. 404 applied (with modifications) (E.) (1.9.2005) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2005 (S.I. 2005/2039), reg. 1(1), Sch. 1 para. 1

S. 404 applied (W.) (23.4.2007) by The Education (Pupil Referral Units) (Application of Enactments) (Wales) Regulations 2007 (S.I. 2007/1069), reg. 1(1), Sch. 1 para. 1

S. 404 applied (E.) (1.2.2008) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 (S.I. 2007/2979), reg. 1(1), Sch. 1 para. 3

S. 405 applied (with modifications) (E.) (1.9.2005) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2005 (S.I. 2005/2039), reg. 1(1), Sch. 1 para. 2

S. 405 applied (with modifications) (W.) (23.4.2007) by The Education (Pupil Referral Units) (Application of Enactments) (Wales) Regulations 2007 (S.I. 2007/1069), reg. 1(1), Sch. 1 para. 2

S. 405 applied (with modifications) (E.) (1.2.2008) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 (S.I. 2007/2979), reg. 1(1), Sch. 1 para. 4

S. 434 modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 8(a)

S. 434(1) modified (temp. until 31.8.2012) (1.9.2011) by The Morpeth School, Oaklands School and Swanlea School Order 2011 (S.I. 2011/1903), arts. 1, 3(a)

S. 434(3)(b) modified (temp. until 31.8.2012) (1.9.2011) by The Morpeth School, Oaklands School and Swanlea School Order 2011 (S.I. 2011/1903), arts. 1, 3(b)

S. 437: power to disapply conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 5 (with ss. 88-90)

S. 439 modified (temp. from 1.9.1998) by S.I. 1998/1948, reg. 3, Sch. para. 8

S. 439 applied (with modifications) (18.10.1999) by S.I. 1999/2666, reg. 8, Sch. paras. 1(a), 2-8

s. 439 applied (with modifications) (1.9.1999) by S.I. 1999/2800, reg. 7, Sch. paras. 1, 2-8

S. 439 applied (with modifications) (E.) (8.5.2003) by The New School (Admissions) (England) Regulations 2003 (S.I. 2003/1041), regs. 1(1), 9, Sch. para. 1(a)

S. 439 applied (with modifications) (W.) (1.2.2006) by The New School (Admissions) (Wales) Regulations 2006 (S.I. 2006/175), regs. 1(1), 9, Sch. (with reg. 2(2))

S. 439(2) transitional provisions for effects of 2002 c. 32, Sch. 4 para. 14 (W.) (1.2.2006) by The Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2006 (S.I. 2006/173), regs. 1(1), 9

S. 443: power to disapply conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 5 (with ss. 88-90)

S. 444(1)(1A): power to disapply conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 5 (with ss. 88-90)

S. 444A: power to amend conferred (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 23(9), 93; S.I. 2003/3300, art. 3(a)(ii)

S. 444B: power to amend conferred (27.2.2004) by Anti-social Behaviour Act 2003 (c. 38), ss. 23(9), 93; S.I. 2003/3300, art. 3(a)(ii)

S. 447(2)(3) modified (18.6.2011) by The Magistrates Courts (Enforcement or Variation of Orders Made in Family Proceedings and Miscellaneous Provisions) Rules 2011 (S.I. 2011/1329), rules 1, 79(1) (with rule 3)

Pt. 6 Ch. 3 modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 6(3)

S. 450 modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 9

S. 451(1) modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 6(1)(a)

S. 451(2) excluded (E.) (1.9.2012) by The Education (Charges for Early Years Provision) Regulations 2012 (S.I. 2012/962), regs. 1(1), 2(1)

S. 452(6) modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 6(1)(a)

S. 453 modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 6(1)(a)

S. 454(1) modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 6(1)(a)

S. 454(3)(4) modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 6(1)(a)

S. 455 applied (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 6(3), 28(2); S.I. 2009/371, art. 2(1), Sch. Pt. 1

S. 455(1) modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 6(1)(a)

S. 456 applied (6.3.2009) by Learner Travel (Wales) Measure 2008 (nawm 2), ss. 6(3), 28(2); S.I. 2009/371, art. 2(1), Sch. Pt. 1

S. 457(3) modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 6(1)(a)

S. 457(4) modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 6(2)

S. 460 modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 6(1)(a)

S. 462(2) modified (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 6(1)(b)

S. 463 savings for effects of 2002 c. 32, s. 172 (W.) (19.11.2003) by The Education Act 2002 (Transitional Provisions and Consequential Amendments) (No.2) (Wales) Regulations 2003 (S.I. 2003/2959), regs. 1(1), 8(3)

S. 484 extended (E.) (1.9.2001) by S.I. 2001/2897, reg. 23

S. 484: power to extend conferred (1.10.1998) by 1998 c. 30, s. 19(8) (with s. 42(8)); S.I. 1998/2215, art. 2

S. 484 amended (1.10.1998) by 1998 c. 31, s. 7(10) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I

S. 484 restricted (31.3.2003 for W., 1.4.2003 for E.) by Education Act 2002 (c. 32), ss. 18(2), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/3185, art. 5, Sch. Pt. II; S.I. 2003/124, art. 4 (with art. 7)

S. 492 savings for effects of 2002 c. 32, s. 215, Sch. 22 Pt. 3 (W.) (19.11.2003) by The Education Act 2002 (Transitional Provisions and Consequential Amendments) (No.2) (Wales) Regulations 2003 (S.I. 2003/2959), regs. 1(1), 9

Ss. 492-495: power to exercise functions modified (1.7.1999) by S.I. 1999/120, art. 5, Sch. 2

S. 494: transfer of functions (1.4.2003 for E., 9.1.2004 for W.) by Education Act 2002 (c. 32), s. 208(2)(3), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2003/2961, art. 7, Sch. Pt. IV

Ss. 492-495: power to exercise functions modified (1.7.1999) by S.I. 1999/120, art. 5, Sch. 2

S. 494 modified (20.11.1998) by S.I. 1998/2670, art.8.

S. 494 modified (18.5.2012) by The Wiltshire Council (Arrangements for the Provision of Suitable Education) Order 2012 (S.I. 2012/1107), arts. 1(2)(a), 6(3) (with art. 5)

S. 495 modified (1.9.1999) by 1998 c. 31, s. 44(7) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

Ss. 495-498 modified (1.4.2003 for E.; 31.10.2005 for W.) by Education Act 2002 (c. 32), ss. 34(7), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2005/2910, art. 4, Sch.

S. 495(1) extended (1.11.1996) by 1988 c. 40, s. 219(2) (as substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para.77 (with ss. 1(4), 561, 562, Sch. 39))

S. 495(1)(2) applied (with modifications) (E.) (1.2.2008) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 (S.I. 2007/2979), reg. 1(1), Sch. 1 para. 5

S. 496 applied (with modifications) (10.2.2009) (with application in accordance with reg. 1(2) of the amending S.I.) by The School Admissions (Co-ordination of Admission Arrangements) (England) Regulations 2008 (S.I. 2008/3090), regs. 1(1), 10

S. 496 modified (1.11.1996) by 1988 c. 40, s. 219(3) (as substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 77 (with ss. 1(4), 561, 562, Sch. 39))

S. 496 modified (1.9.1998) by 1997 c. 44, s. 43(4); S.I. 1998/386, art. 2(4), Sch. 1 Pt. IV

S. 496 modified (1.9.1999) by 1998 c. 31, s. 44(7) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 496 modified (1.4.2001 (E.), 1.4.2002 (W.)) by 2000 c. 21, s. 113(3) (with s. 150); S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/2705, art. 2(1), Sch. Pt. I

S. 496 extended (1.11.1996) by 1992 c. 13, s. 56(3) (as added (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 112 (with ss. 1(4), 561, 562, Sch. 39))

S. 496 extended (1.11.1996) by 1992 c. 13, s. 57(6)(a) (as substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 113 (with ss. 1(4), 561, 562, Sch. 39))

S. 496 extended (1.9.1999) by 1998 c. 31, s. 24, Sch. 4 para. 10 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 496: power to apply conferred (1.10.1998) by 1998 c. 31, s. 105(7) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I

S. 496 applied (7.8.2000 for E., 1.11.2000 for W.) by 2000 c. 22, s. 23, Sch. 1 para. 10(a); S.I. 2000/2187, art. 2(c); S.I. 2000/2948, art. 2

S. 496 applied (E.) (20.1.2003) by The Education (Co-ordination of Admission Arrangements) (Primary Schools) (England) Regulations 2002 (S.I. 2002/2903), regs. 1(2), 8

S. 496 applied (E.) (20.1.2003) by The Education (Co-ordination of Admission Arrangements) (Secondary Schools) (England) Regulations 2002 (S.I. 2002/2904), regs. 1(2), 8 (with reg. 9)

S. 496 continued (W.) (22.3.2001) by S.I. 2001/1274, art. 3(4)(a)

S. 496 modified by 2000 c. 21, s. 113A(10) (as inserted (1.4.2003 for E., 1.8.2004 for W.) by Education Act 2002 (c. 32), ss. 72(1), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2004/1728, art. 4, Sch. Pt. 1)

S. 497: power to apply conferred by 1998 c. 31, s. 89(2) (as inserted (1.10.2002 for E., 1.2.2006 for W.) by Education Act 2002 (c. 32), ss. 48, 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2006/172, art. 4, Sch.)

S. 496 applied (E.) (27.2.2007) by The School Admissions (Co-ordination of Admission Arrangements) (England) Regulations 2007 (S.I. 2007/194), regs. 1(1), 10

S. 496 applied (1.4.2007) by Childcare Act 2006 (c. 21), ss. 15(1), 109(2); S.I. 2007/1019, art. 3

S. 496 applied (with modifications) (E.) (1.2.2008) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 (S.I. 2007/2979), reg. 1(1), Sch. 1 para. 6

S. 496 applied (31.8.2008) by Childcare Act 2006 (c. 21), ss. 29(1), 109(2); S.I. 2008/17, art. 2(a)

S. 496 restricted (1.10.2010) by Equality Act 2010 (c. 15), ss. 87(2), 216(3) (with ss. 6(4), 84, 89(2), 205); S.I. 2010/2317, art. 2(6)(a) (as amended (1.10.2010) by S.I. 2010/2337, art. 2)

S. 496 applied (1.10.2010) by Equality Act 2010 (c. 15), ss. 87(1), 216(3) (with ss. 6(4), 84, 89(2), 205); S.I. 2010/2317, art. 2(6)(a) (as amended (1.10.2010) by S.I. 2010/2337, art. 2)

S. 496 applied by 2000 c. 22, Sch. A1 para. 9(a) (as inserted (3.12.2011 for specified purposes) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 2; S.I. 2011/2896, art. 2(e))

S. 496 applied (1.2.2012) by The School Admissions (Admission Arrangements and Co-ordination of Admission Arrangements) (England) Regulations 2012 (S.I. 2012/8), regs. 1(1), 32 (with reg. 1(3)(4))

Ss. 496, 497 modified by 2002 c. 32, s. 135C(4) (as inserted (1.4.2012) by Education Act 2011 (c. 21), ss. 9, 82(3); S.I. 2012/924, art. 2)

S. 496: transfer of functions (7.8.2013) by The Transfer of Functions (Youth Leisure-time Activities) Order 2013 (S.I. 2013/1721), arts. 1(2), 2(b)(i) (with art. 4)

S. 496 functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), arts. 1(2), 10(2)(d) (with arts. 10(3), 11, 12)

S. 496(1) modified (7.8.2013) by The Transfer of Functions (Youth Leisure-time Activities) Order 2013 (S.I. 2013/1721), arts. 1(2), 3(3)(a) (with art. 4)

S. 497 applied (with modifications) (10.2.2009) (with application in accordance with reg. 1(2) of the amending S.I.) by The School Admissions (Co-ordination of Admission Arrangements) (England) Regulations 2008 (S.I. 2008/3090), regs. 1(1), 10

S. 497 modified (1.11.1996) by 1988 c. 40, s. 219(3) (as substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 77 (with ss. 1(4), 561, 562, Sch. 39))

S. 497 modified (1.9.1998) by 1997 c. 44, s. 43(4); S.I. 1998/386, art. 2(4), Sch. 1 Pt. IV

S. 497 modified (1.9.1999) by 1998 c. 31, s. 44(7) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 497: power to apply conferred (1.10.1998) by 1998 c. 31, s. 105(7) (with ss. 138(9), 144(6)); S.I. 1998/2212, art. 2(1), Sch. 1 Pt. I

S. 497 applied (3.12.1998) by S.I. 1998/2876, reg. 21

S. 497 applied (7.8.2000 (E.), 1.11.2000 (W.)) by 2000 c. 22, s. 23, Sch. 1 para. 10(b); S.I. 2000/2187, art. 2(c), S.I. 2000/2948, art. 2

S. 497 applied (E.) (20.1.2003) by The Education (Co-ordination of Admission Arrangements) (Primary Schools) (England) Regulations 2002 (S.I. 2002/2903), regs. 1(2), 8

S. 497 applied (E.) (20.1.2003) by The Education (Co-ordination of Admission Arrangements) (Secondary Schools) (England) Regulations 2002 (S.I. 2002/2904), regs. 1(2), 8 (with reg. 9)

S. 497 extended (1.9.1999) by 1998 c. 31, s. 24, Sch. 4 para. 10 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 497 modified by 2000 c. 21, s. 113A(10) (as inserted (1.4.2003 for E., 1.8.2004 for W.) by Education Act 2002 (c. 32), ss. 72(1), 216(4) (with ss. 210(8), 214(4)); S.I. 2003/124, art. 4; S.I. 2004/1728, art. 4, Sch. Pt. 1)

S. 497 applied (E.) (27.2.2007) by The School Admissions (Co-ordination of Admission Arrangements) (England) Regulations 2007 (S.I. 2007/194), regs. 1(1), 10

S. 497 applied (1.4.2007) by Childcare Act 2006 (c. 21), ss. 15(2), 109(2); S.I. 2007/1019, art. 3

S. 497 modified (E.) (25.5.2007) by The Education (Supply of Information about the School Workforce) (England) Regulations 2007 (S.I. 2007/1264), regs. 1(1), 10

S. 497 modified (E.) (1.9.2007) by The Education (Supply of Information about the School Workforce) (No.2) (England) Regulations 2007 (S.I. 2007/2260), regs. 1(1), 11

S. 497 applied (with modifications) (E.) (1.2.2008) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 (S.I. 2007/2979), reg. 1(1), Sch. 1 para. 6

S. 497 applied (31.8.2008) by Childcare Act 2006 (c. 21), ss. 29(2), 109(2); S.I. 2008/17, art. 2(a)

S. 497 restricted (1.10.2010) by Equality Act 2010 (c. 15), ss. 87(2), 216(3) (with ss. 6(4), 84, 89(2), 205); S.I. 2010/2317, art. 2(6)(a) (as amended (1.10.2010) by S.I. 2010/2337, art. 2)

S. 497 applied (1.10.2010) by Equality Act 2010 (c. 15), ss. 87(1), 216(3) (with ss. 6(4), 84, 89(2), 205); S.I. 2010/2317, art. 2(6)(a) (as amended (1.10.2010) by S.I. 2010/2337, art. 2)

S. 497 applied by 2000 c. 22, Sch. A1 para. 9(b) (as inserted (3.12.2011 for specified purposes, 4.5.2012 in so far as not already in force) by Localism Act 2011 (c. 20), s. 240(2), Sch. 2 para. 2; S.I. 2011/2896, art. 2(e); S.I. 2012/1008, art. 4(b))

S. 497 applied (1.2.2012) by The School Admissions (Admission Arrangements and Co-ordination of Admission Arrangements) (England) Regulations 2012 (S.I. 2012/8), regs. 1(1), 32 (with reg. 1(3)(4))

S. 497: transfer of functions (7.8.2013) by The Transfer of Functions (Youth Leisure-time Activities) Order 2013 (S.I. 2013/1721), arts. 1(2), 2(b)(ii) (with art. 4)

S. 497 functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), arts. 1(2), 10(2)(d) (with arts. 10(3), 11, 12)

S. 497(1)(3) modified (7.8.2013) by The Transfer of Functions (Youth Leisure-time Activities) Order 2013 (S.I. 2013/1721), arts. 1(2), 3(3)(b) (with art. 4)

S. 497A applied (with modifications) (1.3.2005 for E.) by Children Act 2004 (c. 31), s. 50(1)-(3), (5)(6), 67(7)(e); S.I. 2005/394, art. 2(1)(f)

S. 497A modified (1.9.1999) by 1998 c. 31, s. 44(7) (with ss. 138(9),144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 497A applied (with modifications) (1.4.2007) by Childcare Act 2006 (c. 21), s. 15(3)(5)(6), 109(2); S.I. 2007/1019, art. 3

S. 497A applied (with modifications) (31.8.2008) by Childcare Act 2006 (c. 21), s. 29(3)(5)(6), 109(2); S.I. 2008/17, art. 2(a)

S. 497A: transfer of functions (7.8.2013) by The Transfer of Functions (Youth Leisure-time Activities) Order 2013 (S.I. 2013/1721), arts. 1(2), 2(b)(iii) (with art. 4)

S. 497A functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), arts. 1(2), 10(2)(d) (with arts. 10(3), 11, 12)

S. 497A(2)(3)-(4B)(6)(7) modified (7.8.2013) by The Transfer of Functions (Youth Leisure-time Activities) Order 2013 (S.I. 2013/1721), arts. 1(2), 3(3)(c) (with art. 4)

S. 497AA applied (with modifications) (1.3.2005 for E.; 1.10.2006 for W.) by Children Act 2004 (c. 31), s. 50(4)(5), 67(7)(e); S.I. 2005/394, art. 2(1)(f); S.I. 2006/885, art. 4(e)

S. 497AA applied (with modifications) (1.4.2007) by Childcare Act 2006 (c. 21), s. 15(4)(5), 109(2); S.I. 2007/1019, art. 3

S. 497AA applied (with modifications) (31.8.2008) by Childcare Act 2006 (c. 21), s. 29(4)(5), 109(2); S.I. 2008/17, art. 2(a)

S. 497AA: transfer of functions (7.8.2013) by The Transfer of Functions (Youth Leisure-time Activities) Order 2013 (S.I. 2013/1721), arts. 1(2), 2(b)(iv) (with art. 4)

S. 497AA modified (7.8.2013) by The Transfer of Functions (Youth Leisure-time Activities) Order 2013 (S.I. 2013/1721), arts. 1(2), 3(3)(d) (with art. 4)

S. 497AA functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), arts. 1(2), 10(2)(d) (with arts. 10(3), 11, 12)

S. 497B applied (with modifications) (1.3.2005 for E.; 1.10.2006 for W.) by Children Act 2004 (c. 31), s. 50(4)(5), 67(7)(e); S.I. 2005/394, art. 2(1)(f); S.I. 2006/885, art. 4(e)

S. 497B modified (12.1.1999) by S.I. 1998/3217, reg.2(b)

S. 497B modified (1.9.1999) by 1998 c. 31, s. 44(7), 145(3) (with ss. 138(9), 144(6))

S. 497B applied (with modifications) (1.4.2007) by Childcare Act 2006 (c. 21), s. 15(4)(5), 109(2); S.I. 2007/1019, art. 3

S. 497B applied (with modifications) (31.8.2008) by Childcare Act 2006 (c. 21), s. 29(4)(5), 109(2); S.I. 2008/17, art. 2(a)

S. 497B(1)(1A) modified (7.8.2013) by The Transfer of Functions (Youth Leisure-time Activities) Order 2013 (S.I. 2013/1721), arts. 1(2), 3(3)(e) (with art. 4)

S. 497B(3) applied (1.10.2002 for E., 1.8.2003 for W.) by Education Act 2002 (c. 32), ss. 64(4), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2003/1718, art. 4, Sch. Pt. I

S. 498 extended (1.11.1996) by 1988 c. 40, s. 219(4) (as substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 77 (with ss. 1(4), 561, 562, Sch. 39)).

S. 498 modified (1.9.1999) by 1998 c. 31, s. 44(7) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1

S. 499(9) savings for effects of 2002 c. 32, Sch. 21 para. 50 (W.) (31.10.2005) by The Education Act 2002 (Transitional Provisions and Consequential Amendments) (Wales) Regulations 2005 (S.I. 2005/2913), regs. 1(1), 9

S. 507 extended (1.11.1996) by 1992 c. 13, s. 57(6)(b) (as substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para.113 (with ss. 1(4), 561, 562, Sch. 39)

S. 507 applied (28.7.2000 for certain purposes otherwise 1.1.2001 (W.) 1.4.2001 (E.)) by 2000 c. 21, ss. 149, 154, Sch. 9 para. 34 (with s. 150)); S.I. 2000/3230, art. 2, Sch.; S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3)

S. 507B(12): transfer of functions (7.8.2013) by The Transfer of Functions (Youth Leisure-time Activities) Order 2013 (S.I. 2013/1721), arts. 1(2), 2(a) (with art. 4)

S. 507B(12) functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), arts. 1(2), 10(2)(d) (with arts. 10(3), 11, 12)

S. 508B(1)(2) modified (E.) (1.9.2007) by The School Travel (Pupils with Dual Registration) (England) Regulations 2007 (S.I. 2007/1367), regs. 1(2)(b), 2

S. 512: certain functions transferred (with modifications) (1.4.1999) by S.I. 1999/610, arts. 2, 3

S. 512ZA(1)(2) modified (temp. until 31.3.2007) (31.3.2004) by The Kingston-upon-Hull City Council (School Meals) Order 2004 (S.I. 2004/592), arts. 1(1), 2

S. 514A functions made exercisable concurrently (1.4.2011) by The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), arts. 1, 10, Sch. 3 para. 6

S. 514A functions made exercisable concurrently (1.4.2014) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority Order 2014 (S.I. 2014/863), art. 1, Sch. 2 para. 4

S. 514A functions made exercisable concurrently (1.4.2014) by The Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014 (S.I. 2014/865), art. 1, Sch. 2 para. 3 (with art. 8(4))

S. 514A functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 25(1), Sch. 5 para. 3

S. 514A functions made exercisable (3.3.2017) by The Cambridgeshire and Peterborough Combined Authority Order 2017 (S.I. 2017/251), arts. 1(2)(b), 10(b)

S. 514A functions made exercisable concurrently (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 18 (with art. 28)

S. 514A: functions made exercisable concurrently (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 33 (with art. 9)

S. 517 modified (1.9.1999) (the modification as mentioned in s. 517(6) has effect from 1.9.1997 as mentioned in S.I. 1997/1623) by S.I. 1999/2260, reg. 2(1)

S. 537B(9) modified (18.5.2012) by The Wiltshire Council (Arrangements for the Provision of Suitable Education) Order 2012 (S.I. 2012/1107), arts. 1(2)(a), 6(4) (with art. 5)

S. 538 applied (with modifications) (E.) (1.2.2008) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 (S.I. 2007/2979), reg. 1(1), Sch. 1 para. 7

S. 559 applied (E.) (1.9.2005) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2005 (S.I. 2005/2039), reg. 1(1), Sch. 1 para. 3

S. 559 applied (W.) (23.4.2007) by The Education (Pupil Referral Units) (Application of Enactments) (Wales) Regulations 2007 (S.I. 2007/1069), reg. 1(1), Sch. 1 para. 3

S. 559 applied (E.) (1.2.2008) by The Education (Pupil Referral Units) (Application of Enactments) (England) Regulations 2007 (S.I. 2007/2979), reg. 1(1), Sch. 1 para. 8

S. 560A functions made exercisable concurrently (1.4.2011) by The Greater Manchester Combined Authority Order 2011 (S.I. 2011/908), arts. 1, 10, Sch. 3 para. 6

S. 560A functions made exercisable concurrently (1.4.2014) by The Halton, Knowsley, Liverpool, St Helens, Sefton and Wirral Combined Authority Order 2014 (S.I. 2014/865), art. 1, Sch. 2 para. 3 (with art. 8(4))

S. 560A functions made exercisable concurrently (1.4.2014) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority Order 2014 (S.I. 2014/863), art. 1, Sch. 2 para. 4

S. 560A functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 25(1), Sch. 5 para. 3

S. 560A functions made exercisable (3.3.2017) by The Cambridgeshire and Peterborough Combined Authority Order 2017 (S.I. 2017/251), arts. 1(2)(b), 10(b)

S. 560A functions made exercisable concurrently (2.11.2018) by The Newcastle Upon Tyne, North Tyneside and Northumberland Combined Authority (Establishment and Functions) Order 2018 (S.I. 2018/1133), arts. 1, 18 (with art. 28)

S. 560A: functions made exercisable concurrently (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 5(1)-(5)

S. 560A: functions made exercisable concurrently (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 33 (with art. 9)

S. 561 excluded (26.11.2008) by Education and Skills Act 2008 (c. 25), ss. 168(5), 173(1)(c)

S. 562 excluded (26.11.2008) by Education and Skills Act 2008 (c. 25), ss. 168(5), 173(1)(c)

S. 562 excluded (12.11.2009) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), ss. 264(4), 269(1)

S. 562 modified (temp.) (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 44(5)-(7), 100(3); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 3, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3

S. 562J(1) power to apply in part (with modifications) conferred (1.4.2015) by Children and Families Act 2014 (c. 6), ss. 70(7), 139(6); S.I. 2015/375, art. 2(b)

S. 562J(1) power to apply (with modifications) conferred (2.11.2020) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 39(2)(a), 100(3); S.I. 2020/1182, reg. 2(d)

S. 562J(4) power to apply regulations (with modifications) conferred (2.11.2020) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), ss. 39(2)(b), 100(3); S.I. 2020/1182, reg. 2(d)

S. 568(1) excluded by 2010 c. 32, s. 5D(3) (as inserted (18.4.2016) by Education and Adoption Act 2016 (c. 6), ss. 12, 19(2); S.I. 2016/466, reg. 2)

S. 569 applied by 2010 c. 32, s. 2E(7) (as inserted (1.9.2018) by Children and Social Work Act 2017 (c. 16), ss. 6(1), 70(2); S.I. 2018/497, reg. 4(a))

S. 570 applied by 1992 c. 13, s. 89(5) (as substituted (1.4.2010) by Apprenticeships, Skills, Children and Learning Act 2009 (c. 22), s. 269(4), Sch. 8 para. 11(4); S.I. 2010/303, art. 3, Sch. 2)

S. 570(1)(2) modified (7.8.2013) by The Transfer of Functions (Youth Leisure-time Activities) Order 2013 (S.I. 2013/1721), arts. 1(2), 3(3)(f) (with art. 4)

S. 571 modified (7.8.2013) by The Transfer of Functions (Youth Leisure-time Activities) Order 2013 (S.I. 2013/1721), arts. 1(2), 3(3)(g) (with art. 4)

S. 571: transfer of functions (7.8.2013) by The Transfer of Functions (Youth Leisure-time Activities) Order 2013 (S.I. 2013/1721), arts. 1(2), 2(c) (with art. 4)

S. 571 functions transferred (9.11.2016) by The Transfer of Functions (Elections, Referendums, Third Sector and Information) Order 2016 (S.I. 2016/997), arts. 1(2), 10(2)(d) (with arts. 10(3), 11, 12)

S. 572 restricted (1.4.2007 for E., 31.10.2010 for W.) by Education and Inspections Act 2006 (c. 40), ss. 92(6), 188(3); S.I. 2007/935, art. 4(a); S.I. 2010/2543, art. 2(d)

S. 572 restricted (1.9.2007) by Education and Inspections Act 2006 (c. 40), ss. 104(6), 188(3); S.I. 2007/1801, art. 4(h)

S. 576 excluded (1.1.2014) by The Education (Information About Individual Pupils) (England) Regulations 2013 (S.I. 2013/2094), reg. 1(1), Sch. 1 para. 18(3)

S. 576 applied (24.7.1998) by 1998 c. 31, ss. 142(10), 145(4) (with ss. 138(9), 144(6))

S. 576 applied (1.9.2001) by S.I. 2001/600, reg. 30(10)

Sch. 1: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 34(6)(c), 70(2); S.I. 2018/346, reg. 4(e)

Sch. 1: power to amend conferred (1.4.2018) by Children and Social Work Act 2017 (c. 16), ss. 35(4)(c), 70(2); S.I. 2018/346, reg. 4(f)

Sch. 1 para. 1 excluded by 1998 c. 31, s. 45(3)(aa) (as inserted (1.9.2012 for specified purposes) by Education Act 2011 (c. 21), ss. 50(3)(b), 82(3); S.I. 2012/1087, art. 3)

Sch. 1 para. 6(1) amended (19.12.2002) by The Education Act 2002 (Transitional Provisions) (Wales) Regulations 2002 (S.I. 2002/3184), reg. 5(6)

Sch. 7 para. 2(3) amended (1.4.1999) by S.I. 1999/711, reg. 6

Sch. 12 excluded (temp. until 1.9.1999) by S.I. 1998/3097, art.5

Sch. 19 para. 1(1) modified (1.1.1999) by S.I. 1998/3097, reg. 6

Sch. 19 para. 3 modified (1.1.1999) by S.I. 1998/3097, reg. 7

Sch. 19 Pt. II modified (temp from 1.4.1999) by S.I. 1999/638, regs. 1, 5

Sch. 19 para. 11(2) excluded (1.1.1999) by S.I. 1998/3097, reg. 8(f)

Sch. 19 para. 15(2) excluded (1.1.1999) by S.I. 1998/3097, reg. 8(f)

Sch. 19 Pt. III modified (temp. from 1.4.1999) by S.I. 1999/638, regs. 1, 5

Sch. 23 modified (temp.) (1.9.1998) by S.I. 1998/1948, reg. 3(1)(2), Sch. para. 9(1)(2)

Sch. 27 para. 3 excluded (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 36(5)(e)(10), 162 (with s. 159)

Sch. 27 para. 8 excluded (prosp.) by Nationality, Immigration and Asylum Act 2002 (c. 41), ss. 36(5)(e)(10), 162 (with s. 159)

Sch. 32 para. 5 modified (temp.)(1.9.1998) by S.I. 1998/1948, reg. 3(1)(2), Sch. para. 10(1)-(4)

Sch. 35C para. 3(1)(2) modified (E.) (1.6.2007) by The School Travel (Pupils with Dual Registration) (England) Regulations 2007 (S.I. 2007/1367), regs. 1(2)(a), 2

Sch. 39 Pt. I para. 1 applied (24.7.1998) by 1998 c. 31, ss. 142(8)(9), 145(4) (with ss. 138(9), 144(6))

Sch. 39 Pt. I para. 2 applied (24.7.1998) by 1998 c. 31, ss. 142(8)(9), 145(4) (with ss. 138(9), 144(6))

1992 c. 13.

1944 c. 31.

1977 c. 49.

1996 c. 23.

1944 c. 31.

1989 c. 41.

1972 c. 70.

1992 c. 13.

1944 c. 31.

1973 c. 16.

1841 c. 38.

1944 c. 31.

1987 c. 15.

1946 c. 50.

1973 c. 16.

1993 c. 35.

1933 c. 12.

1920 c. 65.

1995 c. 21.

1933 c. 12.

1989 c. 41.

1973 c. 16.

1980 c. 20.

1983 c. 40.

1985 c. 47.

1986 c. 40.

1986 c. 61.

1988 c. 40.

1992 c. 13.

1994 c. 30.

1997 c. 44

1997 c. 59

1998 c. 30

1972 c. 70.

1993 c. 35.

1995 c. 50.

1990 c. 43.

1981 c. 67.

1972 c. 11.

1966 c. 42.

1944 c.31.

1988 c. 40.

1972 c. 70.

1992 c. 13.

1990 c. 8.

1996 c. 57.

1972 c. 11.

1944 c. 31.

1980 c. 20.

1988 c. 40.

1972 c. 70.

1944 c. 31.

1993 c. 35.

1984 c. 11.

1993 c. 35.

1988 c. 40.

1993 c. 35.

1975 c. 65.

1994 c. 31.

1993 c. 35.

1978 c. 30.

1993 c. 35.

1944 c. 31.

1975 c. 26.

1921 c. 51.

1993 c. 35.

1980 c. 20.

1986 c. 61.

1944 c. 31.

1980 c. 20.

1993 c. 35.

1986 c. 61.

1946 c. 50.

1944 c. 31.

1988 c. 40.

1993 c. 35.

1988 c. 40.

1986 c. 61.

1980 c. 20.

1944 c. 31.

1988 c. 40.

1993 c. 35.

S.I. 1993/3106.

1988 c. 40.

1986 c. 61.

1993 c. 35.

S.I. 1993/1975.

1974 c. 7.

1988 c. 40.

S.I. 1990/549.

S.I. 1994/2038.

1993 c. 35.

S.I. 1994/507.

1993 c. 35.

1988 c. 40.

S.I. 1995/903.

1986 c. 61.

1944 c. 31.

1993 c. 35.

1988 c. 40.

1993 c. 8.

S.I. 1993/72.

1972 c. 70.

1944 c. 31.

1993 c. 35.

1970 c. 52.

1933 c. 12.

1944 c. 31.

1973 c. 16.

1972 c. 70.

1962 c. 12.

1996 c. 50.

1996 c. 23.

1995 c. 18.

1994 c. 30.

1996 c. 9.

1996 c. 50.

S. 517(6) power fully exercised (30.6.1997): 1.9.1997 appointed day by S.I. 1997/1623.

S. 583(3) power partly exercised (19.11.1996); 1.1.1997 appointed for specified provisions by S.I. 1996/2904, art. 2

S. 583(3) power partly exercised (30.6.1997); 1.9.1997 appointed for specified provsions by S.I. 1997/1623, arts. 2, 3

S. 583(3) power partly exercised (20.10.1997); 30.9.1997 appointed for specified provisions by S.I. 1997/2352, art. 2

An Act to consolidate the Education Act 1944 and certain other enactments relating to education, with amendments to give effect to recommendations of the Law Commission.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

General

The statutory system of education

General

The stages of education.

The statutory system of public education consists of three progressive stages: primary education, secondary education and further education.

This Part—

confers functions on the Secretary of State and local authorities with respect to primary, secondary and further education; . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part I of the Further and Higher Education Act 1992 makes provision with respect to further education..

Apart from section 10 (general duty of Secretary of State), nothing in this Act confers any functions with respect to higher education.

Definition of primary, secondary and further education.

In this Act “primary education” means—

full-time or part-time education suitable to the requirements of children who have attained the age of two but are under compulsory school age;

full-time education suitable to the requirements of junior pupils of compulsory school age who have not attained the age of 10 years and six months; and

full-time education suitable to the requirements of junior pupils who have attained the age of 10 years and six months and whom it is expedient to educate together with junior pupils within paragraph (b).

In this Act “secondary education” means—

full-time education suitable to the requirements of pupils of compulsory school age who are either—

senior pupils, or

junior pupils who have attained the age of 10 years and six months and whom it is expedient to educate together with senior pupils of compulsory school age; and

(subject to subsection (5)) full-time education suitable to the requirements of pupils who are over compulsory school age but under the age of 19 which is provided at a school at which education within paragraph (a) is also provided.

Education is also secondary education for the purposes of this Act (subject to subsection (5)) if it is provided by an institution which—

is maintained by a local authority or is an Academy, and

is principally concerned with the provision of full-time education suitable to the requirements of pupils who are over compulsory school age but under the age of 19.

Where—

a person is in full-time education,

he receives his education partly at a school and, by virtue of arrangements made by the school, partly at another institution or any other establishment, and

the education which he receives at the school would be secondary education if it was full-time education at the school,

the person’s education, both at the school and at the other institution or establishment, is secondary education for the purposes of this Act (subject to subsection (5)).

Subject to subsection (5), in this Act “further education” means—

full-time and part-time education suitable to the requirements of persons who are over compulsory school age (including vocational, social, physical and recreational training), and

organised leisure-time occupation provided in connection with the provision of such education,

except that it does not include secondary education or (in accordance with subsection (7)) higher education.

Accordingly, unless it is education within subsection (2)(b) or (2A), full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19 is further education for the purposes of this Act and not secondary education.

For the purposes of this Act education provided for persons who have attained the age of 19 is further education not secondary education; but where a person—

has begun a particular course of secondary education before attaining the age of 18, and

continues to attend that course,

the education does not cease to be secondary education by reason of his having attained the age of 19.

In subsection (3)(b) “organised leisure-time occupation” means leisure-time occupation, in such organised cultural training and recreative activities as are suited to their requirements, for any persons over compulsory school age who are able and willing to profit by facilities provided for that purpose.

In the context of the definitions of secondary education and further education, references in this section to education include vocational, social, physical and recreational training.

References in this section to education do not include references to higher education.

Definition of pupil etc.

In this Act “pupil” means a person for whom education is being provided at a school, other than—

a person who has attained the age of 19 for whom further education is being provided, or

a person for whom part-time education suitable to the requirements of persons of any age over compulsory school age is being provided.

and references to pupils in the context of the admission of pupils to, or the exclusion of pupils from, a school are references to persons who following their admission will be, or (as the case may be) before their exclusion were, pupils as defined by this subsection.

A person is not for the purposes of this Act to be treated as a pupil at a school merely because any education is provided for him at the school in the exercise of the powers conferred by section 27 of the Education Act 2002 (power of governing body of maintained school to provide community facilities etc.).

In this Act—

“junior pupil” means a child who has not attained the age of 12; and

“senior pupil” means a person who has attained the age of 12 but not the age of 19.

The definition of “pupil” in subsections (1) and (1A) also apply (unless the context otherwise requires) for the purposes of any instrument made or having effect as if made under the Education Acts.

Educational institutions

Schools: general.

In this Act (subject to subsections (1A) to (1C)) “school” means an educational institution which is outside the further education sector and the wider higher education sector and is an institution for providing—

primary education,

secondary education, or

both primary and secondary education,

whether or not the institution also provides part-time education suitable to the requirements of junior pupils or further education.

An institution which—

provides only early years provision (as defined by section 96(2) of the Childcare Act 2006), and

is not a maintained nursery school,

is not a school.

A 16 to 19 Academy is not a school.

An alternative provision Academy is a school.

Nothing in subsection (1) shall be taken to preclude the making of arrangements under section 19(1) (exceptional educational provision) under which part-time education is to be provided at a school; and for the purposes of this Act an educational institution that would fall within subsection (1) but for the fact that it provides part-time rather than full-time education shall nevertheless be treated as a school if that part-time education is provided under arrangements made under section 19(1) . . ..

For the purposes of this Act an institution is outside the further education sector if it is not—

an institution conducted by a further education corporation established under section 15 or 16 of the Further and Higher Education Act 1992, or

a designated institution for the purposes of Part I of that Act (defined in section 28(4) of that Act ) , or

a sixth form college

and references to institutions within that sector shall be construed accordingly.

For the purposes of this Act an institution is outside the wider higher education sector if —

in relation to England, it is not a registered higher education provider within the meaning given by section 3(10) of the Higher Education and Research Act 2017, or

in relation to Wales, it is not an institution within the higher education sector within the meaning given by section 91(5) of the Further and Higher Education Act 1992;

and references to institutions within the wider higher education sector are to be construed accordingly.

Primary schools, secondary schools and middle schools.

In this Act “primary school” means (subject to regulations under subsection (4)) a school for providing primary education, whether or not it also provides part-time education suitable to the requirements of junior pupils or further education.

In this Act “secondary school” means (subject to regulations under subsection (4)) a school for providing secondary education, whether or not it also provides further education.

In this Act “middle school” means a school which, in pursuance of proposals published under any of the enactments specified in subsection (3A), has been established as, or altered so as to become, a school for providing full-time education suitable to the requirements of pupils who—

have attained a specified age below 10 years and six months, and

are under a specified age above 12 years.

The enactments mentioned in subsection (3) are—

in relation to England—

section 28 or 28A of, or paragraph 5 of Schedule 7 to, the School Standards and Framework Act 1998,

section 66 of, or paragraph 7 of Schedule 11 to, the Education Act 2005, and

section 7, 10, 11 or 19 of the Education and Inspections Act 2006;

in relation to Wales,

section 28 of, or paragraph 5 of Schedule 7 to, the School Standards and Framework Act 1998, and

section 48, 59 or 68 of the School Standards and Organisation (Wales) Act 2013

The Secretary of State shall make regulations for determining, or enabling him to determine, whether a middle school is to be treated for the purposes of this Act and the other enactments relating to education as a primary school or as a secondary school.

The powers conferred by the enactments mentioned in subsection (3) (so far as relating to the establishment of middle schools) and the powers conferred by subsection (4) above are exercisable—

notwithstanding anything in this Act (and in particular section 1); but

without prejudice to the exercise of any other power conferred by this Act.

Nursery schools ... .

A primary school is a nursery school if it is used wholly or mainly for the purpose of providing education for children who have attained the age of two but are under compulsory school age.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Compulsory education

Duty of parents to secure education of children of compulsory school age.

The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable—

to his age, ability and aptitude, and

to any special educational needs (in the case of a child who is in the area of a local authority in England) or additional learning needs (in the case of a child who is in the area of a local authority in Wales) he may have,

either by regular attendance at school or otherwise.

Compulsory school age.

Subsections (2) and (3) apply to determine for the purposes of any enactment whether a person is of compulsory school age.

A person begins to be of compulsory school age—

when he attains the age of five, if he attains that age on a prescribed day, and

otherwise at the beginning of the prescribed day next following his attaining that age.

A person ceases to be of compulsory school age at the end of the day which is the school leaving date for any calendar year—

if he attains the age of 16 after that day but before the beginning of the school year next following,

if he attains that age on that day, or

(unless paragraph (a) applies) if that day is the school leaving date next following his attaining that age.

The Secretary of State may by order—

provide that such days in the year as are specified in the order shall be, for each calendar year, prescribed days for the purposes of subsection (2);

determine the day in any calendar year which is to be the school leaving date for that year.

Education in accordance with parental wishes

Pupils to be educated in accordance with parents’ wishes.

In exercising or performing all their respective powers and duties under the Education Acts, the Secretary of State and local authorities shall have regard to the general principle that pupils are to be educated in accordance with the wishes of their parents, so far as that is compatible with the provision of efficient instruction and training and the avoidance of unreasonable public expenditure.

Functions of the Secretary of State

General duty of Secretary of State.

The Secretary of State shall promote the education of the people of England and Wales.

Duty in the case of primary, secondary and further education.

The Secretary of State shall exercise his powers in respect of those bodies in receipt of public funds which—

carry responsibility for securing that the required provision for primary, secondary or further education is made—

in schools, ...

in institutions within the further education sector, or

in 16 to 19 Academies,

in or in any area of England or Wales, or

conduct schools, institutions within the further education sector or 16 to 19 Academies in England and Wales,

for the purpose of promoting primary, secondary and further education in England and Wales.

The Secretary of State shall, in the case of his powers to regulate the provision made in schools, institutions within the further education sector and 16 to 19 Academies in England and Wales, exercise his powers with a view to (among other things) improving standards, encouraging diversity and increasing opportunities for choice.

local authorities

The authorities

Local authorities and their areas.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General functions

General responsibility for education.

A local authority shall (so far as their powers enable them to do so) contribute towards the spiritual, moral, mental and physical development of the community by securing that efficient primary education, and secondary education and, in the case of a local authority in England, further education, are available to meet the needs of the population of their area.

The duty imposed by subsection (1) does not extend to matters in respect of which any duty is imposed on—

the the Secretary of State under Part 4 of the Apprenticeships, Skills, Children and Learning Act 2009 ...

the Commission for Tertiary Education and Research, or

the Office for Students.

The reference in subsection (1) to further education is to further education for persons—

who are over compulsory school age but under 19, or

who are aged 19 or over and for whom an EHC plan is maintained.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

For the purposes of subsection (1), persons who are subject to a detention order are to be regarded as part of the population of the area in which they are detained (and not any other area).

Duty to promote high standards and fulfilment of potential

A local education authority in England must ensure that their relevant education functions and their relevant training functions are (so far as they are capable of being so exercised) exercised by the authority with a view to—

promoting high standards,

ensuring fair access to opportunity for education and training, and

promoting the fulfilment of learning potential by every person to whom this subsection applies.

Subsection (1) applies to the following—

persons under the age of 20;

persons aged 20 or over and for whom an EHC plan is maintained.

A local education authority in Wales must ensure that their relevant education functions and their relevant training functions are (so far as they are capable of being so exercised) exercised by the authority with a view to—

promoting high standards, and

promoting the fulfilment of learning potential by every person to whom this subsection applies.

Subsection (3) applies to persons under the age of 20.

In this section—

“education” and “training” have the same meanings as in section 15ZA;

“relevant education function”, in relation to a local education authority in England, means a function relating to the provision of education for—

persons of compulsory school age (whether at school or otherwise);

persons (whether at school or otherwise) who are over compulsory school age and to whom subsection (1) applies;

persons who are under compulsory school age and are registered as pupils at schools maintained by the authority;

“relevant education function”, in relation to a local education authority in Wales, means a function relating to the provision of education for—

persons of compulsory school age (whether at school or otherwise);

persons (whether at school or otherwise) who are over compulsory school age but under the age of 20;

persons who are under compulsory school age and are registered as pupils at schools maintained by the authority;

“relevant training function” means a function relating to the provision of training.

Functions in respect of provision of primary and secondary schools.

A local authority shall secure that sufficient schools for providing—

primary education, and

education that is secondary education by virtue of section 2(2)(a),

are available for their area.

The schools available for an area shall not be regarded as sufficient for the purposes of subsection (1) unless they are sufficient in number, character and equipment to provide for all pupils the opportunity of appropriate education.

In subsection (2) “appropriate education” means education which offers such variety of instruction and training as may be desirable in view of—

the pupils’ different ages, abilities and aptitudes, and

the different periods for which they may be expected to remain at school,

including practical instruction and training appropriate to their different needs.

A local authority in England shall exercise their functions under this section with a view to—

securing diversity in the provision of schools, and

increasing opportunities for parental choice.

A local authority is not by virtue of subsection (1)(a) under any duty in respect of children under compulsory school age.

A local authority for an area in Wales may secure that regional schools for providing—

primary education, and

education that is secondary education by virtue of section 2(2)(a),

are available for Wales or any part of Wales that includes the area of the authority.

For this purpose a “regional school”, in relation to a local authority, is a school maintained by that authority which provides education to meet both—

the needs of pupils with particular special educational needs additional learning needs in their area, and

the needs of such pupils in the rest, or any other part, of Wales,

whether or not the institution also provides education suitable to the requirements of other pupils.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In exercising their functions under this section, a local authority shall in particular have regard to—

the need for securing that primary and secondary education are provided in separate schools;

the need for securing that special educational provision is made for pupils who have special educational needs (in the case of a local authority in England) or the need for securing that additional learning provision is made for pupils who have additional learning needs (in the case of a local authority in Wales); and

the expediency of securing the provision of boarding accommodation (in boarding schools or otherwise) for pupils for whom education as boarders is considered by their parents and the authority to be desirable.

The duty imposed by subsection (6)(a) does not apply in relation to middle schools or special schools.

Duty of local authority to consider parental representations

Where a local authority in England receive any representation from a parent of a qualifying child as to the exercise by the authority of their functions under section 14, the authority shall—

consider the representation and what action (if any) to take in response to it, and

within a reasonable time provide the parent with a statement setting out—

any action which the authority propose to take in response to the representation, or

where the authority are of the opinion that no such action is necessary, their reasons for being of that opinion.

In subsection (1) “qualifying child”, in relation to a local authority, means any child in the authority's area who is of or under compulsory school age.

Subsection (1) does not apply in relation to any representation which—

appears to the local authority to be frivolous or vexatious, or

is the same as, or similar to, a representation previously received by the authority from the same person.

In exercising their functions under this section, a local authority must have regard to any guidance given from time to time by the Secretary of State.

Functions in respect of provision of further education.

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Duty in respect of education and training for persons over compulsory school age: England

A relevant authority must secure that enough suitable education and training is provided to meet the reasonable needs of—

persons in their area who are over compulsory school age but under 19, and

persons in their area who are aged 19 or over and for whom an EHC plan is maintained.

A relevant authority may comply with subsection (1) by securing the provision of education or training outside as well as within their area.

In deciding for the purposes of subsection (1) whether education or training is suitable to meet persons' reasonable needs, a relevant authority must (in particular) have regard to—

the persons' ages, abilities and aptitudes;

any learning difficulties or disabilities the persons may have;

the quality of the education or training;

the locations and times at which the education or training is provided.

In performing the duty imposed by subsection (1) a relevant authority must—

act with a view to encouraging diversity in the education and training available to persons;

act with a view to increasing opportunities for persons to exercise choice;

act with a view to enabling persons to whom Part 1 of the Education and Skills Act 2008 applies to fulfil the duty imposed by section 2 of that Act;

take account of education and training whose provision the authority think might reasonably be secured by other persons.

A relevant authority must, in—

making any determination as to the provision of apprenticeship training that should be secured under subsection (1), or

securing the provision of any apprenticeship training under that subsection,

co-operate with the Secretary of State.

For the purposes of this section a person has a learning difficulty or disability if—

the person has a significantly greater difficulty in learning than the majority of persons of the same age, or

the person has a disability which either prevents or hinders the person from making use of facilities of a kind generally provided by institutions providing education or training for persons who are over compulsory school age.

But a person is not to be taken to have a learning difficulty or disability solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.

In this section—

“apprenticeship training” means training provided in connection with—

an approved English apprenticeship agreement (within the meaning given in section A1(3) of that Act),

an apprenticeship agreement (within the meaning given in section 32 of the Apprenticeships, Skills, Children and Learning Act 2009),

any other contract of employment, ...

any other kind of working in relation to which alternative English completion conditions apply under section 1(5) of that Act (meaning of “completing an English apprenticeship”);

an alternative English apprenticeship (within the meaning given in section A1(4) of that Act);

“education” includes full-time and part-time education;

“training” includes—

full-time and part-time training;

vocational, social, physical and recreational training;

apprenticeship training.

The duty in subsection (1) does not apply in relation to persons in a relevant authority's area who are subject to a detention order.

Co-operation in performance of section 15ZA duty

Relevant authorities must co-operate with each other in performing their duties under section 15ZA(1).

Encouragement of education and training for persons over compulsory school age: England

A relevant authority must—

encourage participation in education and training by persons in their area who are within section 15ZA(1)(a) or (b);

encourage employers to participate in the provision of education and training for such persons.

For the purposes of subsection (1)(b), participating in the provision of training includes participating by entering into—

an apprenticeship agreement (within the meaning given in section 32 of the Apprenticeships, Skills, Children and Learning Act 2009), ...

an approved English apprenticeship agreement (within the meaning given in section A1(3) of that Act), or

any other contract of employment in connection with which training is provided.

In this section “education” and “training” have the same meanings as in section 15ZA.

Sections 15ZA to 15ZC: duty to have regard to guidance

In performing the duties imposed by sections 15ZA(1), 15ZB and 15ZC(1)(b) (duties in relation to education and training for persons over compulsory school age), a local authority in England must have regard to any guidance issued by the Secretary of State.

Powers in respect of education and training for 16 to 18 year olds.

A local authority in Wales may secure the provision for their area of full-time or part-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19, including provision for persons from other areas.

A local authority in England may secure the provision for their area of full-time or part-time education suitable to the requirements of persons from other areas who are over compulsory school age but have not attained the age of 19.

The power under subsections (1) and (1ZA) to secure the provision of education includes power to secure the provision—

of training, including vocational, social, physical and recreational training, and

of organised leisure time occupation (within the meaning of section 2(6)) which is provided in connection with the provision of education or of training within paragraph (a).

Subsections (6) and (7) of section 14 shall apply in relation to functions under this section in respect of secondary education as they apply in relation to functions under that section.

In exercising their functions under this section in respect of further education—

a local authority in England must in particular have regard to the needs of persons with learning difficulties or disabilities (within the meaning of section 15ZA(6) and (7));

a local authority in Wales must in particular have regard to the needs of persons with learning difficulties (within the meaning of section 41(5) and (6) of the Learning and Skills Act 2000) additional learning needs.

In exercising its functions under this section a local authority in Wales must also have regard to the Commission for Tertiary Education and Research’s strategic plan approved under section 15 of the Tertiary Education and Research (Wales) Act 2022.

A local authority may do anything which appears to them to be necessary or expedient for the purposes of or in connection with the exercise of their functions under this section.

Functions in respect of education for persons over 19.

A local authority may secure the provision for their area of full-time or part-time education suitable to the requirements of persons who have attained the age of 19, including provision for persons from other areas.

The power under subsection (1) to secure the provision of education includes power to secure the provision—

of training, including vocational, social, physical and recreational training, and

of organised leisure time occupation (within the meaning of section 2(6)) which is provided in connection with the provision of education or of training within paragraph (a).

In exercising their functions under this section—

a local authority in England must in particular have regard to the needs of persons with learning difficulties or disabilities (within the meaning of section 15ZA(6) and (7));

a local authority in Wales must also have regard to the Commission for Tertiary Education and Research’s strategic plan approved under section 15 of the Tertiary Education and Research (Wales) Act 2022.

A local authority may do anything which appears to them to be necessary or expedient for the purposes of or in connection with the exercise of their functions under this section.

This section does not apply to higher education.

Establishment etc. of schools

Power to establish, maintain and assist primary and secondary schools.

For the purpose of fulfilling their functions under this Act, a local authority may—

establish primary schools and secondary schools;

maintain primary and secondary schools, whether established by them or not; and

assist any primary or secondary school which is not maintained by them.

A local authority may under subsection (1) establish, maintain and assist schools outside as well as inside their area.

A local authority may not under subsection (1) establish a school to provide—

part-time education suitable to the requirements of persons of any age over compulsory school age; or

full-time education suitable to the requirements of persons who have attained the age of 19.

A local authority in England may not under subsection (1) establish a school which is principally concerned with the provision of full-time education suitable to the requirements of pupils who are over compulsory school age but under 19.

Powers in respect of nursery schools .

A local authority may—

establish nursery schools;

maintain nursery schools established by them or by an authority which was a local authority within the meaning of any enactment repealed by the Education Act 1944 or an earlier Act; and

assist any nursery school not so established.

Section 14(4) does not affect a local authority’s power under section 16(1) to establish, maintain and assist schools at which education is provided both for children under compulsory school age and for older pupils (including schools at which there are nursery classes for children under compulsory school age).

Other arrangements for provision of education

Power to arrange provision of education at non-maintained schools.

A local authority may make arrangements for the provision of primary and secondary education for pupils at schools not maintained by them or another local authority.

Provision of education for persons subject to youth detention

A local authority must secure that—

enough suitable education is provided to meet the reasonable needs of children subject to youth detention in their area;

enough suitable education and training is provided to meet the reasonable needs of persons who are—

over compulsory school age but under 19, and

subject to youth detention in their area.

In deciding for the purposes of subsection (1) whether education or training is suitable to meet persons' reasonable needs, a local authority in England must (in particular) have regard to—

the persons' ages, abilities and aptitudes;

in the case of a local authority in England, any special educational needs ... the persons may have;

in the case of a local authority in England, any learning difficulties or disabilities (within the meaning of section 15ZA(6) and (7)) the persons may have;

in the case of a local authority in Wales, any learning difficulties (within the meaning of section 41(5) and (6) of the Learning and Skills Act 2000) any additional learning needs the persons may have;

the desirability of enabling persons to complete programmes of study or training which they have begun;

any relevant curriculum and the desirability that education received by persons subject to youth detention should be comparable with education which they could be expected to receive if they were attending a school or institution implementing a relevant curriculum;

the desirability of the core entitlement being satisfied in relation to persons over compulsory school age but under 19.

In subsection (2)(d), “relevant curriculum” means—

in relation to a local authority in England, the National Curriculum for England established under section 87 of the Education Act 2002 as subsisting for the time being;

in relation to a local authority in Wales—

the National Curriculum for Wales established under section 108 of that Act as subsisting for the time being, or

any local curriculum formed by the authority under section 116A of the Education Act 2002 (formation of local curricula for pupils in Key Stage 4) or for their area under section 33A of the Learning and Skills Act 2000 (formation of local curricula for students aged 16 to 18).

Section 17C (the core entitlement) applies for the purposes of subsection (2)(e).

In deciding for the purposes of subsection (1) whether education or training is suitable to meet persons’ reasonable needs, a local authority in Wales must (in particular) have regard to—

the persons’ ages, abilities and aptitudes;

any additional learning needs the persons may have;

the desirability of enabling persons to complete programmes of study or training which they have begun;

the desirability that education received by young persons subject to youth detention should be comparable with education which they could be expected to receive if they were attending a school or institution implementing a relevant curriculum;

the desirability that education received by children subject to youth detention should—

enable them to develop in the ways described in the four purposes,

offer them appropriate progression,

be broad and balanced, so far as is appropriate for them, and

provide teaching and learning that encompasses the areas of learning and experience (including the mandatory elements within those areas) and develops the cross-curricular skills.

In subsection (4A)(d), “relevant curriculum”, in relation to a local authority in Wales, means any local curriculum formed by the authority for their area under section 33A of the Learning and Skills Act 2000 (formation of local curricula for students aged 16 to 18).

In subsection (4A)(e), expressions that are defined in, or are given a meaning by, the Curriculum and Assessment (Wales) Act 2021 have the same meaning as in that Act.

Any arrangements made by a local authority under subsection (1) for the provision by another person (the “learning provider”) of education or training must require the learning provider, in making any determination as to the education or training to be provided for a particular person (“P”), to have regard to any information within subsection (6).

The information within this subsection is—

information provided under section 562F by a local authority as to the level of P's literacy and numeracy skills;

any other information provided under section 562F by P's home authority (within the meaning of Chapter 5A of Part 10) for the purpose of assisting a determination such as is mentioned in subsection (5).

In performing the duty imposed by subsection (1), a local authority must have regard to any guidance issued—

in the case of a local authority in England, by the Secretary of State;

in the case of a local authority in Wales, by the Welsh Ministers.

For the purposes of subsection (1), a person is subject to youth detention in the area of a local authority if—

subject to a detention order, and

detained in relevant youth accommodation in the area of the authority.

Exceptional provision of education in pupil referral units or elsewhere : England

Each local authority in England shall make arrangements for the provision of suitable . . . education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.

... Subsection (1) does not apply in the case of a child—

who will cease to be of compulsory school age within the next six weeks, and

does not have any relevant examinations to complete.

In paragraph (b) “relevant examinations” means any public examinations or other assessments for which the child has been entered.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Any school established in England (whether before or after the commencement of this Act) and maintained by a local authority in England which—

is specially organised to provide education for such children, and

is not a community or foundation school, a community or foundation special school, or a maintained nursery school,

shall be known as a “pupil referral unit”.

A local authority in England may secure the provision of boarding accommodation at any pupil referral unit.

... The education to be provided for a child in pursuance of arrangements made by a local authority under subsection (1) shall be—

full-time education, or

in the case of a child within subsection (3AA), education on such part-time basis as the authority consider to be in the child's best interests.

A child is within this subsection if the local authority consider that, for reasons which relate to the physical or mental health of the child, it would not be in the child's best interests for full-time education to be provided for the child.

Regulations may provide that the education to be provided for a child in pursuance of arrangements made by a local authority in England under subsection (1) must be provided from a day that, in relation to the pupil concerned, is determined in accordance with the regulations .

A local authority in England may make arrangements for the provision of suitable . . . education otherwise than at school for those young persons who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.

In determining what arrangements to make under subsection (1) or (4) in the case of any child or young person a local authority shall have regard to any guidance given from time to time by the Secretary of State.

Any child for whom education is provided otherwise than at school in pursuance of this section, and any young person for whom full-time education is so provided in pursuance of this section, shall be treated for the purposes of this Act as a pupil.

In this section—

“relevant school” means—

a maintained school,

an Academy,

a city technology college, or

a city college for the technology of the arts;

“suitable education”, in relation to a child or young person in the area of a local authority in England, means efficient education suitable to his age, ability and aptitude and to any special educational needs he may have and in relation to a child or young person in the area of a local authority in Wales, means efficient education suitable to the child's or young person's age, ability and aptitude and to any additional learning needs the child or young person may have (and “suitable full-time education” is to be read accordingly).

Schedule 1 has effect in relation to pupil referral units maintained by a local authority in England.

Exceptional provision of education in pupil referral units or elsewhere: Wales

Each local authority in Wales must make arrangements for the provision of suitable education at school or otherwise than at school for children within the authority's area who—

are of compulsory school age, and

by reason of illness, exclusion from school or otherwise, may not receive suitable education for a period unless such arrangements are made for them.

A school established (whether before or after the commencement of this Act) and maintained by a local authority in Wales which—

is specially organised to provide education for children falling within subsection (1), and

is not a special school,

is to be known as a “pupil referral unit”.

A local authority in Wales may secure the provision of boarding accommodation at any pupil referral unit.

A local authority in Wales may make arrangements for the provision of suitable education otherwise than at a school for young persons within the authority's area who, by reason of illness, exclusion from school or otherwise, may not receive a suitable education for a period unless such arrangements are made for them.

In this section, “suitable education”, in relation to a child or young person means efficient education suitable to the child’s or the young person's age, ability and aptitude and to any additional learning needs the child or young person may have.

The following persons are to be treated as pupils for the purposes of this Act—

any child for whom education is provided otherwise than at school under this section, and

any young person for whom full-time education is provided otherwise than at school under this section.

Schedule 1 has effect in relation to pupil referral units maintained by local authorities in Wales.

Contribution of individual schools

Schools to co-operate with local authority in securing adequate provision (England)

This section applies where it is reasonably foreseeable that decisions about a relevant school in England will affect the ability of a local authority in England to discharge its duties under section 14 or section 19(1).

The responsible body for the school must co-operate with the local authority with a view to achieving the objective in subsection (3).

The objective is that decisions about the school will result in the school contributing, so far as is reasonable, to the effective discharge by the local authority of the duties concerned.

For the purposes of subsection (1), a “relevant school” is a school within the first column of the following table, and the “responsible body” for such a school is identified in the second column—

“Relevant school”

“Responsible body”

A community school, foundation school, voluntary school, community special school or foundation special school

The governing body for the school

An Academy school or an alternative provision Academy

The proprietor of the school

A pupil referral unit for which there is a management committee (see paragraph 15 of Schedule 1)

The management committee for the unit

In the application of this section to the management committee for a pupil referral unit, the reference in subsection (2) to the local authority is to be read as a reference to the local authority so far as it acts other than through the committee.

The Funding Authorities

The Authorities

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Functions

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Supplemental

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Allocation of responsibility for education at school between LEA and funding authority

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Supplemental

Allocation of functions

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Provision of information

Provision of information by local authorities.

A local authority shall—

make such reports and returns to the Secretary of State, and

give to the Secretary of State such information,

as he may require for the purpose of the exercise of his functions under this Act.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

A local authority shall—

compile such information, and

make such provision for conducting, or assisting the conduct of, research,

as may be required for the purpose of providing the Secretary of State . . . , in such form and at such times as may be prescribed, with such information relating to the provision of primary or secondary education in the area of the local authority as may be prescribed.

The Secretary of State shall exercise his powers under subsection (3) so as to secure, in particular, the provision of information relating to the provision of education for children with special educational needs.

In subsection (4) as it applies in relation to the Welsh Ministers, the reference to special educational needs is to be interpreted as a reference to additional learning needs.

A local authority shall, at such time or times and in such manner as may be required by regulations, publish such information as may be so required with respect to their policy and arrangements in respect of any matter relating to primary or secondary education.

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The Welsh Ministers may, by regulations, require local authorities in Wales to publish prescribed information, at such times and in such manner as may be prescribed, for the purpose of providing information to the public about whether, and if so how, local authority education functions are being exercised to promote the purpose of the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (see section 1 of that Act).

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Schools maintained by local education authorities

Preliminary

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Establishment, alteration etc. of county and voluntary schools

County schools: establishment, alteration or change of site

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Voluntary schools: establishment, alteration or change of site

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Status of new voluntary school

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Proposals for a middle school

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Division of a single school into two or more schools

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Change of status from controlled school to aided school

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Change of status from aided or special agreement school to controlled or aided school

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Funding of voluntary schools

Obligations of governing bodies

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Obligations of LEAs as regards new sites and buildings

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Financial assistance for controlled schools

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Financial assistance by Secretary of State for aided and special agreement schools

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Assistance by local authorities for governing bodies of aided and special agreement schools

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Assistance by local authorities for promoters of new voluntary schools

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Miscellaneous and supplemental

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Government of county, voluntary and maintained special schools

Instruments of government

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Categories of governor

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Governing bodies of county, controlled and maintained special schools

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Governing bodies of aided and special agreement schools

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Governing bodies: general

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Grouping of schools under a single governing body

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Government of new schools

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Grouping of new schools

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Conduct and staffing of county, voluntary and maintained special schools

Articles of government

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Conduct of schools: general

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Staffing of schools without delegated budgets

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Staffing of schools with delegated budgets

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Appointment and dismissal of teachers of religious education

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Religious opinions of staff etc.

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School terms, holidays and sessions

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Control of school premises

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Instruction or training outside school premises

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Discipline: general

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Reports, meetings and information

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New schools

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Discontinuance of local education authority schools

Procedure for discontinuance of county, voluntary or maintained nursery school by local education authority

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Discontinuance of voluntary school by governing body

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Miscellaneous and supplementary provisions

Further education

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Teacher training

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Modification of employment law

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Modification of trust deeds and other instruments

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Interpretation of Part II

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Grant-maintained schools

Preliminary

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Procedure for acquisition of grant-maintained status

Eligibility

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Initiation of procedure

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Information

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Ballot of parents

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Approval and implementation of proposals

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Expenses in connection with proposals

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Alteration of county school proposed for grant-maintained status

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Supplementary

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Property, staff and contracts

Transfer of property and staff, etc.

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Effect of pending procedure for acquisition of grant-maintained status on property disposals, etc.

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Supplementary

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Establishing new grant-maintained schools

Proposals for establishment of new grant-maintained school

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Approval and implementation of proposals

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Supplementary

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Government, conduct etc. of grant-maintained schools

The governing instruments

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Governors

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Powers

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Schools acquiring grant-maintained status: determination etc. of initial governors

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New grant-maintained schools: determination etc. of initial governors

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General and supplementary

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Funding of grant-maintained schools

Grants: general

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Special purpose grants.

Grant regulations may provide for the payment by the funding authority to the governing bodies of grant-maintained schools of grants (known as special purpose grants) in respect of expenditure, of any class or description specified in the regulations, incurred or to be incurred by the governing bodies—

for or in connection with educational purposes of any class or description so specified,

in making any provision (whether of educational services or facilities or otherwise) of any class or description so specified which appears to the funding authority to be required for meeting any special needs of the population of the area served by the schools in question, or

in respect of expenses of any class or description so specified, being expenses which it appears to the funding authority the governing bodies of such schools cannot reasonably be expected to meet from maintenance grant.

Grant regulations may provide for special purpose grants to be payable—

on a regular basis in respect of expenditure of a recurrent kind, or

by reference to expenditure incurred or to be incurred on particular occasions or during any particular period.

Capital grants.

Grant regulations may provide for the payment by the funding authority to the governing bodies of grant-maintained schools of grants (known as capital grants) in respect of expenditure of a capital nature, of any class or description specified in the regulations, incurred or to be incurred by the governing bodies.

The descriptions of expenditure which are to be regarded for the purposes of capital grant as expenditure of a capital nature shall be such as may be determined by or in accordance with the regulations.

Where the governing body of a grant-maintained school include sponsor governors, the funding authority shall, if directed to do so by the Secretary of State, pay capital grant of such amount as may be specified in the directions in respect of such expenditure falling within subsection (1) as is incurred, or to be incurred, by the governing body for such purposes as may be specified in the directions.

Before giving a direction under subsection (3), the Secretary of State shall consult the funding authority.

A direction under subsection (3) may not be given after the end of the period of twelve months beginning—

(in the case of a governing body incorporated in pursuance of proposals for acquisition of grant-maintained status which include sponsor governors on the incorporation date) with that date,

(in the case of a governing body incorporated in pursuance of proposals for the establishment of a new grant-maintained school which include sponsor governors on the date of implementation of the proposals) with that date, and

(in any other case) with the date when the instrument of government naming a person as the sponsor of the school came into effect.

Imposition of requirements on governing body in receipt of grant.

A governing body to whom any payments in respect of maintenance grant, capital grant or special purpose grant are made shall comply with such requirements of a kind mentioned in subsection (2) as the funding authority may from time to time impose.

The kinds of requirements which may be imposed under subsection (1) are—

requirements specified in grant regulations as requirements which may be imposed by the funding authority on governing bodies to whom such payments are made, and

requirements determined in accordance with grant regulations by the funding authority.

Requirements imposed under subsection (1)—

may be imposed on or at any time after the making of any payment by reference to which they are imposed, and

subject to subsection (4), may at any time be varied by the funding authority.

The power of the funding authority to vary such a requirement—

does not apply to a requirement of the kind mentioned in subsection (2)(a), or a requirement required to be imposed by the regulations (by virtue of subsection (9)) or by directions under section 24, unless the Secretary of State has consented to the variation, and

is subject, in the case of a requirement of the kind mentioned in subsection (2)(b), to the provisions of the regulations relating to the determination of the requirements that may be imposed in the case of payments in respect of the grant in question.

Requirements imposed under subsection (1) may at any time be waived or removed by the funding authority with the consent of the Secretary of State.

The requirements which may be specified in or authorised by grant regulations as requirements which may be imposed on governing bodies to whom payments are made in respect of special purpose grant or capital grant may, in particular, if any conditions specified in the requirements are satisfied, require the payment to the funding authority of the whole or any part of the following amount.

That amount is—

the amount of the payments made in respect of the grant, or

so much of the value of any premises or equipment in respect of which the grant was paid as is determined in accordance with the requirements to be properly attributable to the payment of such grant,

whichever is the greater.

No such requirement as is referred to in subsection (6) may be imposed where any payment is made in respect of capital grant if—

the grant is made in respect of the provision, alteration or repair of premises for a school, and

any freehold interest in the premises in respect of which the grant is made is, or is to be, held on trust for the purposes of the school.

Grant regulations may require the funding authority to impose any such requirements as may be imposed under the preceding provisions of this section.

Grants: further provisions.

The times at which, and the manner in which, payments are made in respect of—

maintenance grant for a grant-maintained school in respect of any financial year,

special purpose grant, and

capital grant,

shall be such as may be determined from time to time by the funding authority.

Payments in respect of maintenance grant for a school in respect of any financial year may be made, before any amount has been determined in accordance with grant regulations as the amount of such grant payable for that year in respect of the school, by reference to an estimate of the amount which will be so payable made by the funding authority.

Where in respect of any financial year an over-payment of maintenance grant is made to the governing body of a school, a sum equal to the amount of that over-payment shall be recoverable from the governing body by the funding authority.

Where a sum is payable by the governing body of a school to the funding authority—

in respect of an over-payment of maintenance grant in respect of a financial year, or

by way of repayment of special purpose grant or capital grant (whether by virtue of a requirement such as is mentioned in section 247(6) or otherwise),

the funding authority may (without prejudice to any other mode of recovery) recover the whole or any part of that sum by deducting it from any grant payable by them to the governing body.

In this section references to an over-payment of maintenance grant in respect of a financial year are to any amount by which the aggregate amount of any payments in respect of maintenance grant made to the governing body of the school in question in respect of the year exceeds the amount finally determined in accordance with grant regulations as the amount of maintenance grant payable for that year in respect of the school.

The funding authority shall exercise any power conferred on them by this section, by any of sections 216 and 244 to 247, or by paragraph 6 of Schedule 21 in such manner (if any) as may be specified in or determined in accordance with grant regulations.

Grants: Wales (until establishment of the SFCW)

Application of sections 250 to 254.

Before the Schools Funding Council for Wales begin to exercise their functions, sections 250 to 254 shall have effect in relation to grant-maintained schools in Wales in place of sections 244(1) and (3), 245(1), 246(1), 247 and 248.

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Imposition of requirements on governing body in receipt of grant.

A governing body to whom any payments in respect of maintenance grant or special purpose grants are made shall comply with such requirements of a kind mentioned in subsection (2) as the Secretary of State may from time to time impose.

The kinds of requirements which may be imposed under subsection (1) are—

requirements specified in grant regulations as requirements which may be imposed by the Secretary of State on governing bodies to whom such payments are made, and

requirements determined in accordance with grant regulations by the Secretary of State.

A governing body to whom any payments in respect of capital grant are made shall comply with such requirements determined by the Secretary of State as he may from time to time impose.

Requirements imposed under subsection (1) or (3)—

may be imposed on or at any time after the making of any payment by reference to which they are imposed, and

may at any time be waived or removed or, subject to subsection (5), varied by the Secretary of State.

The power of the Secretary of State to vary such a requirement—

does not apply to a requirement of the kind mentioned in subsection (2)(a), and

The requirements—

which may be specified in or authorised by grant regulations as requirements which may be imposed on governing bodies to whom payments are made in respect of special purpose grant, or

which may be imposed by the Secretary of State on a governing body to whom payments in respect of capital grant are made,

may, in particular, if any conditions specified in the requirements are satisfied, require the payment to the Secretary of State of the whole or any part of the following amount.

That amount is—

the amount of the payments made in respect of the grant, or

so much of the value of any premises or equipment in respect of which the grant was paid as is determined in accordance with the requirements to be properly attributable to the payment of such grant,

whichever is the greater.

No such requirement as is referred to in subsection (6) may be imposed where any payment is made in respect of capital grant if—

the grant is made in respect of the provision, alteration or repair of premises for a school, and

any freehold interest in the premises in respect of which the grant is made is, or is to be, held on trust for the purposes of the school.

Grants: further provisions.

The times at which, and the manner in which, payments are made in respect of—

maintenance grant for a grant-maintained school in respect of any financial year,

special purpose grants, and

capital grants,

shall be such as may be determined from time to time by the Secretary of State.

Where a sum is payable by the governing body of a school to the Secretary of State—

in respect of an over-payment of maintenance grant in respect of a financial year, or

by way of repayment of special purpose grant or capital grant (whether by virtue of a requirement such as is mentioned in section 253(6) or otherwise),

the Secretary of State may (without prejudice to any other mode of recovery) recover the whole or any part of that sum by deducting it from any grant payable by him to the governing body.

Loans

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Recovery from local funds

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Alteration etc. of grant-maintained schools

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Discontinuance of grant-maintained schools

Proposals for discontinuance

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Withdrawal of grant

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Winding up and disposal of property

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Groups of grant-maintained schools

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General and Miscellaneous

Middle schools

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Nursery education

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Further education

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Teacher training

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Provision of benefits and services by local education authority

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Transfer and disposal of premises

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Modification of instruments

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Religious opinions etc. of staff

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Discipline

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Exclusion of pupils

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Appeal committees

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Supplementary

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Interpretation

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Special educational needs

Children in wales with special educational needs

Introductory

Application of this Chapter: children in Wales

This Chapter applies only in relation to children in the area of a local authority in Wales.

Meaning of “special educational needs” and “special educational provision” etc.

A child in the area of a local authority in Wales has “special educational needs” for the purposes of this Act if he has a learning difficulty which calls for special educational provision to be made for him.

Subject to subsections (3) and (3A) a child in the area of a local authority in Wales has a “learning difficulty” for the purposes of this Act if—

he has a significantly greater difficulty in learning than the majority of children of his age,

he has a disability which either prevents or hinders him from making use of educational facilities of a kind generally provided for children of his age in schools within the area of the local authority , or

he is under compulsory school age and is, or would be if special educational provision were not made for him, likely to fall within paragraph (a) or (b) when of . . . that age.

A child is not to be taken as having a learning difficulty solely because the language (or form of the language) in which he is, or will be, taught is different from a language (or form of a language) which has at any time been spoken in his home.

Subsection (2) does not apply—

for the purposes of sections ... , 15A and 15B, or

for the purposes of sections 18A and 562H (except for the purpose of a local authority in Wales determining, for the purposes of those sections, whether a child has special educational needs).

In this Act “special educational provision” means—

in relation to a child who has attained the age of two, educational provision which is additional to, or otherwise different from, the educational provision made generally for children of his age in schools maintained by the local authority (other than special schools) . . ., and

in relation to a child under that age, educational provision of any kind.

In this Part—

“child” includes any person who has not attained the age of 19 and is a registered pupil at a school;

“maintained school” means any community, foundation or voluntary school or any community or foundation special school not established in a hospital.

Children subject to detention

No provision of, or made under, this Part applies in relation to a child who is subject to a detention order and detained in relevant youth accommodation.

The following provisions of this section apply where a child who has been subject to a detention order is released having, immediately before release, been detained in relevant youth accommodation.

Subject to subsection (6), a statement which was maintained for the child by a local authority under section 324 immediately before the beginning of the detention is, from the child's release, to be treated as being maintained by that authority under section 324.

In subsection (3) “the beginning of the detention” means—

the beginning of the period of detention in relevant youth accommodation, or

where that period is part of a continuous period, comprising periods of detention in relevant youth accommodation and in other accommodation, the beginning of that continuous period.

For the purposes of subsection (4), it is immaterial whether or not a period of detention is pursuant to a single order.

Where, on the child's release, a local authority (“the new authority”) other than the authority mentioned in subsection (3) (“the old authority”) becomes responsible for the child for the purposes of this Part—

the old authority must transfer the statement to the new authority, and

from the child's release, the statement is to be treated as being maintained by the new authority under section 324.

Code of Practice

Code of Practice.

The Welsh Ministers shall issue, and may from time to time revise, a code of practice giving practical guidance in respect of the discharge by local authorities and the governing bodies of maintained schools and maintained nursery schools of their functions under this Part.

It shall be the duty of—

local authorities, and such governing bodies, exercising functions under this Part, and

any other person exercising any function for the purpose of the discharge by local authorities, and such governing bodies, of functions under this Part,

to have regard to the provisions of the code.

On any appeal under this Part to the Tribunal, the Tribunal shall have regard to any provision of the code which appears to the Tribunal to be relevant to any question arising on the appeal.

The Welsh Ministers shall publish the code as for the time being in force.

In this Part ..., “the Tribunal”, in relation to an appeal, means the Special Educational Needs Tribunal for Wales.

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Making and approval of code.

Where the Welsh Ministers propose to issue or revise a code of practice, they shall prepare a draft of the code (or revised code).

The Welsh Ministers shall consult such persons about the draft as they think fit and shall consider any representations made by those persons.

If the Welsh Ministers determine to proceed with the draft (either in its original form or with such modifications as they think fit) they shall lay it before the National Assembly for Wales.

If the draft is approved by resolution of the National Assembly for Wales, the Welsh Ministers shall issue the code in the form of the draft, and the code shall come into effect on such day as the Welsh Ministers may by order appoint.

Special educational provision: general

Review of arrangements.

A local authority shall keep under review the arrangements made by them for special educational provision.

In doing so the authority shall, to the extent that it appears necessary or desirable for the purpose of co-ordinating provision for children with special educational needs, consult the governing bodies of community, foundation and voluntary and community and foundation special schools and maintained nursery schools in their area..

Duty to educate children with special educational needs in mainstream schools

This section applies to a child with special educational needs who should be educated in a school.

If no statement is maintained under section 324 for the child, he must be educated in a mainstream school.

If a statement is maintained under section 324 for the child, he must be educated in a mainstream school unless that is incompatible with—

the wishes of his parent, or

the provision of efficient education for other children.

In this section and section 316A “mainstream school” means any school other than—

a special school, or

an independent school which is not—

a city technology college,

a city college for the technology of the arts, or

an Academy.

Education otherwise than in mainstream schools

Section 316 does not prevent a child from being educated in—

an independent school which is not a mainstream school, or

a school approved under section 342,

if the cost is met otherwise than by a local authority.

Section 316(2) does not require a child to be educated in a mainstream school during any period in which—

he is admitted to a special school for the purposes of an assessment under section 323 of his educational needs and his admission to that school is with the agreement of—

the local authority,

the governing body of the school or, if the school is in England, its head teacher,

his parent, and

any person whose advice is to be sought in accordance with regulations made under paragraph 2 of Schedule 26;

he remains admitted to a special school, in prescribed circumstances, following an assessment under section 323 at that school;

he is admitted to a special school, following a change in his circumstances, with the agreement of—

the local authority,

the governing body of the school or, if the school is in England, its head teacher,

his parent;

he is admitted to a community or foundation special school which is established in a hospital.

Section 316 does not affect the operation of—

section 348, or

paragraph 3 of Schedule 27.

If a local authority decide—

to make a statement for a child under section 324, but

not to name in the statement the school for which a parent has expressed a preference under paragraph 3 of Schedule 27,

they shall, in making the statement, comply with section 316(3).

A local authority may, in relation to their mainstream schools taken as a whole, rely on the exception in section 316(3)(b) only if they show that there are no reasonable steps that they could take to prevent the incompatibility.

An authority in relation to a particular mainstream school may rely on the exception in section 316(3)(b) only if it shows that there are no reasonable steps that it or another authority in relation to the school could take to prevent the incompatibility.

The exception in section 316(3)(b) does not permit a governing body to fail to comply with the duty imposed by section 324(5)(b).

An authority must have regard to guidance about section 316 and this section issued by the Welsh Ministers—

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That guidance shall, in particular, relate to steps which may, or may not, be regarded as reasonable for the purposes of subsections (5) and (6).

“Prescribed”... means prescribed in regulations made by the Welsh Ministers.

“Authority”—

in relation to a maintained school or maintained nursery school, means each of the following—

the local authority,

the school’s governing body, and

in relation to ... a pupil referral unit, means the local authority.

Duties of governing body or local authority in relation to pupils with special educational needs.

The governing body of a community, foundation or voluntary school or a maintained nursery school shall —

use their best endeavours, in exercising their functions in relation to the school, to secure that, if any registered pupil has special educational needs, the special educational provision which his learning difficulty calls for is made,

secure that, where the responsible person has been informed by the local authority that a registered pupil has special educational needs, those needs are made known to all who are likely to teach him, and

secure that the teachers in the school are aware of the importance of identifying, and providing for, those registered pupils who have special educational needs.

In subsection (1)(b) “the responsible person” means the head teacher or the appropriate governor (that is, the chairman of the governing body or, where the governing body have designated another governor for the purposes of this subsection, that other governor).

To the extent that it appears necessary or desirable for the purpose of co-ordinating provision for children with special educational needs—

the governing bodies of community, foundation and voluntary schools and maintained nursery schools shall, in exercising functions relating to the provision for such children, consult the local authority . . . and the governing bodies of other such schools, ...

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The governing body of a community, foundation or voluntary school or a maintained nursery school shall designate a member of the staff at the school (to be known as the “special educational needs co-ordinator”) as having responsibility for co-ordinating the provision for pupils with special educational needs.

Regulations may—

require the governing bodies of schools falling within subsection (3A) to ensure that special educational needs co-ordinators have prescribed qualifications or prescribed experience (or both), and

confer on the governing bodies of those schools other functions relating to special educational needs co-ordinators.

Where a child who has special educational needs is being educated in a community, foundation or voluntary school or a maintained nursery school, those concerned with making special educational provision for the child shall secure, so far as is reasonably practicable and is compatible with—

the child receiving the special educational provision which his learning difficulty calls for,

the provision of efficient education for the children with whom he will be educated, and

the efficient use of resources,

that the child engages in the activities of the school together with children who do not have special educational needs.

The governing body of a community, foundation or voluntary school, a maintained nursery school, or a community or foundation special school shall include special needs information in the report prepared under section 30(1) of the Education Act 2002 (governors' report).

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In subsection (5) “special needs information” means—

such information as may be prescribed about the implementation of the governing body's policy for pupils with special educational needs, and

information as to—

the arrangements for the admission of disabled persons as pupils at the school,

the steps taken to prevent disabled pupils from being treated less favourably than other pupils,

the facilities provided to assist access to the school by disabled pupils, and

the plan prepared by the governing body under paragraph 3 of Schedule 10 to the Equality Act 2010 (“the 2010 Act”).

In subsection (6)(b) “disabled person” means a person who is a disabled person for the purposes of the 2010 Act; and section 89 (interpretation of Part 6) of, and paragraph 6 of Schedule 10 (supplementary provisions for Schedule 10) to, the 2010 Act apply for the purposes of subsection (6)(b) as they apply for the purposes of Part 6 of and Schedule 10 to that Act.

Duty to inform parent where special educational provision made

This section applies if—

a child for whom no statement is maintained under section 324 is a registered pupil at—

a community, foundation or voluntary school or a maintained nursery school , or

a pupil referral unit,

special educational provision is made for him at the school because it is considered that he has special educational needs, and

his parent has not previously been informed under this section of special educational provision made for him at the school.

If the school is a pupil referral unit, the local authority must secure that the head teacher informs the child’s parent that special educational provision is being made for him at the school because it is considered that he has special educational needs.

In any other case, the governing body must inform the child’s parent that special educational provision is being made for him there because it is considered that he has special educational needs.

Provision of goods and services in connection with special educational needs.

A local authority may, for the purpose only of assisting—

the governing bodies of community, foundation or voluntary schools or maintained nursery schools (in their or any other area) in the performance of the governing bodies’ duties under section 317(1)(a), or

the governing bodies of community or foundation special schools (in their or any other area) in the performance of the governing bodies’ duties,

supply goods or services to those bodies.

The terms on which goods or services are supplied by local authorities under this section to the governing bodies of community, foundation or voluntary schools , maintained nursery schools or community or foundation special schools in any other area may, in such circumstances as may be prescribed, include such terms as to payment as may be prescribed.

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A local authority ... may supply goods and services to any authority in Wales or other person (other than a governing body within subsection(1)) for the purpose of assisting them in making for a child any special educational provision which any learning difficulty of the child calls for.

This section is without prejudice to the generality of any other power of local authorities to supply goods or services.

Special educational provision otherwise than in schools.

Where a local authority are satisfied that it would be inappropriate for—

the special educational provision which a learning difficulty of a child in their area calls for, or

any part of any such provision,

to be made in a school, they may arrange for the provision (or, as the case may be, for that part of it) to be made otherwise than in a school.

Before making an arrangement under this section, a local authority shall consult the child’s parent.

Provision outside England and Wales for certain children.

A local authority may make such arrangements as they think fit to enable a child for whom they maintain a statement under section 324 to attend an institution outside England and Wales which specialises in providing for children with special needs.

In subsection (1) “children with special needs” means children who have particular needs which would be special educational needs if those children were in England and Wales.

Where a local authority make arrangements under this section in respect of a child, those arrangements may in particular include contributing to or paying—

fees charged by the institution,

expenses reasonably incurred in maintaining him while he is at the institution or travelling to or from it,

his travelling expenses, and

expenses reasonably incurred by any person accompanying him while he is travelling or staying at the institution.

This section is without prejudice to any other powers of a local authority.

Identification and assessment of children with special educational needs

General duty of local authority towards children for whom they are responsible.

A local authority shall exercise their powers with a view to securing that, of the children for whom they are responsible, they identify those to whom subsection (2) below applies.

This subsection applies to a child if—

he has special educational needs, and

it is necessary for the authority to determine the special educational provision which any learning difficulty he may have calls for.

For the purposes of this Part a local authority are responsible for a child if he is in their area and—

he is a registered pupil at a maintained school or maintained nursery school ,

education is provided for him at a school which is not a maintained school or maintained nursery school but is so provided at the expense of the authority,

he does not come within paragraph (a) or (b) above but is a registered pupil at a school and has been brought to the authority’s attention as having (or probably having) special educational needs, or

he is not a registered pupil at a school but is not under the age of two or over compulsory school age and has been brought to their attention as having (or probably having) special educational needs.

Duty of certain bodies to help local authority.

Where it appears to a local authority that another local authority, NHS England, an integrated care board or a Local Health Board ... could, by taking any specified action, help in the exercise of any of their functions under this Part, they may request the help of that body , specifying the action in question.

A body whose help is so requested shall comply with the request unless—

they consider that the help requested is not necessary for the purpose of the exercise of those functions by the local authority that made the request , or

subsection (3) applies.

This subsection applies—

in a case where the request is made of NHS England, an integrated care board or a Local Health Board ..., if that body consider that, having regard to the resources available to them for the purpose of the exercise of their functions under the National Health Service Act 2006 or the National Health Service (Wales) Act 2006 , it is not reasonable for them to comply with the request, or

in a case where the request is made of a local authority, if that authority consider that the request is not compatible with their own statutory or other duties and obligations or unduly prejudices the discharge of any of their functions.

Regulations may provide that, where a local authority, NHS England, an integrated care board or a Local Health Board ... are under a duty by virtue of subsection (2) to comply with a request to help a local authority in the making of an assessment under section 323 or a statement under section 324 of this Act, they must, subject to prescribed exceptions, comply with the request within the prescribed period.

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Assessment of educational needs.

Where a local authority are of the opinion that a child for whom they are responsible falls, or probably falls, within subsection (2), they shall serve a notice on the child’s parent informing him—

that they are considering whether to make an assessment of the child’s educational needs,

of the procedure to be followed in making the assessment,

of the name of the officer of the authority from whom further information may be obtained, and

of the parent’s right to make representations, and submit written evidence, to the authority within such period (which must not be less than 29 days beginning with the date on which the notice is served) as may be specified in the notice.

A child falls within this subsection if—

he has special educational needs, and

it is necessary for the authority to determine the special educational provision which any learning difficulty he may have calls for.

Where—

a local authority have served a notice under subsection (1) and the period specified in the notice in accordance with subsection (1)(d) has expired, and

the authority remain of the opinion, after taking into account any representations made and any evidence submitted to them in response to the notice, that the child falls, or probably falls, within subsection (2),

they shall make an assessment of his educational needs.

Where a local authority decide to make an assessment under this section, they shall give notice in writing to the child’s parent of that decision and of their reasons for making it.

Schedule 26 has effect in relation to the making of assessments under this section.

Where, at any time after serving a notice under subsection (1), a local authority decide not to assess the educational needs of the child concerned they shall give notice in writing to the child’s parent of their decision.

Statement of special educational needs.

If, in the light of an assessment under section 323 of any child’s educational needs and of any representations made by the child’s parent in pursuance of Schedule 27, it is necessary for the local authority to determine the special educational provision which any learning difficulty he may have calls for, the authority shall make and maintain a statement of his special educational needs.

The statement shall be in such form and contain such information as may be prescribed.

In particular, the statement shall—

give details of the authority’s assessment of the child’s special educational needs, and

specify the special educational provision to be made for the purpose of meeting those needs, including the particulars required by subsection (4).

The statement shall—

specify the type of school or other institution which the local authority consider would be appropriate for the child,

if they are not required under Schedule 27 to specify the name of any school in the statement, specify the name of any school or institution (whether in the United Kingdom or elsewhere) which they consider would be appropriate for the child and should be specified in the statement, and

specify any provision for the child for which they make arrangements under section 319 and which they consider should be specified in the statement.

Subsection (4)(b) does not require the name of a school or institution to be specified if the child’s parent has made suitable arrangements for the special educational provision specified in the statement to be made for the child.

Where a local authority maintain a statement under this section, then—

unless the child’s parent has made suitable arrangements, the authority—

shall arrange that the special educational provision specified in the statement is made for the child, and

may arrange that any non-educational provision specified in the statement is made for him in such manner as they consider appropriate, and

if the name of a maintained school or maintained nursery school is specified in the statement, the governing body of the school shall admit the child to the school.

Subsection (5)(b) has effect regardless of any duty imposed on the governing body of a school by section 1(6) of the School Standards and Framework Act 1998.

Subsection (5)(b) does not affect any power to exclude from a school a pupil who is already a registered pupil there.

Schedule 27 has effect in relation to the making and maintenance of statements under this section.

Appeal against decision not to make statement.

If, after making an assessment under section 323 of the educational needs of any child for whom no statement is maintained under section 324, the local authority do not propose to make such a statement, they shall give notice in writing of their decision, . . . to the child’s parent.

In such a case, the child’s parent may appeal to the Tribunal against the decision.

A notice under subsection (1) must inform the parent of the right of appeal under subsection (2) and contain such other information as may be prescribed.

Regulations may provide that where a local authority are under a duty under this section to serve any notice, the duty must be performed within the prescribed period.

On an appeal under this section, the Tribunal may—

dismiss the appeal,

order the local authority to make and maintain such a statement, or

remit the case to the authority for them to reconsider whether, having regard to any observations made by the Tribunal, it is necessary for the authority to determine the special educational provision which any learning difficulty the child may have calls for.

Appeal against contents of statement.

The parent of a child for whom a local authority maintain a statement under section 324 may appeal to the Tribunal—

when the statement is first made,

if an amendment is made to the statement, or

if, after conducting an assessment under section 323, the local authority determine not to amend the statement.

An appeal under this section may be against any of the following—

the description in the statement of the local authority’s assessment of the child’s special educational needs,

the special educational provision specified in the statement (including the name of a school so specified),

if no school is specified in the statement, that fact.

Subsection (1)(b) does not apply where the amendment is made in pursuance of—

paragraph 8 (change of named school) or 11(3)(b) (amendment ordered by Tribunal) of Schedule 27, or

directions under section 442 (revocation of school attendance order);

and subsection (1)(c) does not apply to a determination made following the service of notice under paragraph 2A (amendment by local authority) of Schedule 27 of a proposal to amend the statement.

On an appeal under this section, the Tribunal may—

dismiss the appeal,

order the authority to amend the statement, so far as it describes the authority’s assessment of the child’s special educational needs or specifies the special educational provision, and make such other consequential amendments to the statement as the Tribunal think fit, or

order the authority to cease to maintain the statement.

On an appeal under this section the Tribunal shall not order the local authority to specify the name of any school in the statement (either in substitution for an existing name or in a case where no school is named) unless—

the parent has expressed a preference for the school in pursuance of arrangements under paragraph 3 (choice of school) of Schedule 27, or

in the proceedings the parent, the local authority, or both have proposed the school , or ...

in the proceedings the child has proposed the school (whether or not the parent, the local authority or both have also proposed the school).

Before determining any appeal under this section the Tribunal may, with the agreement of the parties, correct any deficiency in the statement.

Unopposed appeals

This section applies if—

the parent of a child, or a child, has appealed to the Tribunal under section 325, 328, 329 or 329A or paragraph 8(3) of Schedule 27 against a decision of a local authority, and

the authority notifies the Tribunal that they have determined that they will not, or will no longer, oppose the appeal.

The appeal is to be treated as having been determined in favour of the appellant.

If an appeal is treated as determined in favour of the appellant as a result of subsection (2), the Tribunal is not required to make any order.

Before the end of the prescribed period, the authority must—

in the case of an appeal under section 325, make a statement under section 324 of the child’s educational needs,

in the case of an appeal under section 328, 329 or 329A, make an assessment of the child’s educational needs,

in the case of an appeal under paragraph 8(3) of Schedule 27 against a determination of the authority not to comply with the parent’s request, comply with the request.

An authority required by subsection (4)(a) to make a statement under section 324 must maintain the statement under that section.

In this section, “prescribed” means prescribed by regulations made by the Welsh Ministers—

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Access for local authority to certain schools.

This section applies where—

a local authority maintain a statement for a child under section 324, and

in pursuance of the statement education is provided for the child at a school maintained by another local authority or at an independent school or an alternative provision Academy that is not an independent school .

Any person authorised by the local authority shall be entitled to have access at any reasonable time to the premises of any such school for the purpose of monitoring the special educational provision made in pursuance of the statement for the child at the school.

Reviews of educational needs.

Regulations may prescribe the frequency with which assessments under section 323 are to be repeated in respect of children for whom statements are maintained under section 324.

Where—

the parent of a child for whom a statement is maintained under section 324 asks the local authority to arrange for an assessment to be made in respect of the child under section 323,

no such assessment has been made within the period of six months ending with the date on which the request is made, and

it is necessary for the authority to make a further assessment under section 323,

the authority shall comply with the request.

If in any case where subsection (2)(a) and (b) applies the authority determine not to comply with the request—

they shall give notice in writing of that fact to the child’s parent, and

the parent may appeal to the Tribunal against the determination.

A notice under subsection (3)(a) must inform the parent of the right of appeal under subsection (3)(b) and contain such other information as may be prescribed.

Regulations may provide that where a local authority are under a duty under this section to serve any notice, the duty must be performed within the prescribed period.

On an appeal under subsection (3) the Tribunal may—

dismiss the appeal, or

order the authority to arrange for an assessment to be made in respect of the child under section 323.

A statement under section 324 shall be reviewed by the local authority—

on the making of an assessment in respect of the child concerned under section 323, and

where the child concerned—

has been subject to a detention order, and

immediately before release was detained in relevant youth accommodation,

on the child's release from detention,

in any event, within the period of 12 months beginning with the making of the statement or, as the case may be, with the previous review.

Regulations may make provision—

as to the manner in which reviews of such statements are to be conducted,

as to the participation in such reviews of such persons as may be prescribed, and

in connection with such other matters relating to such reviews as the Secretary of State considers appropriate.

Appeal against determination of local authority in England not to amend statement following review

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Assessment of educational needs at request of child’s parent.

Where—

the parent of a child for whom a local authority are responsible but for whom no statement is maintained under section 324 asks the authority to arrange for an assessment to be made in respect of the child under section 323,

no such assessment has been made within the period of six months ending with the date on which the request is made, and

it is necessary for the authority to make an assessment under that section,

the authority shall comply with the request.

If in any case where subsection (1)(a) and (b) applies the authority determine not to comply with the request—

they shall give notice in writing of that fact to the child’s parent, and

the parent may appeal to the Tribunal against the determination.

A notice under subsection (2)(a) must inform the parent of the right of appeal under subsection (2)(b) and contain such other information as may be prescribed.

On an appeal under subsection (2) the Tribunal may—

dismiss the appeal, or

order the authority to arrange for an assessment to be made in respect of the child under section 323.

Review or assessment of educational needs at request of responsible body

This section applies if—

a child is a registered pupil at a relevant school (whether or not he is a child in respect of whom a statement is maintained under section 324),

the responsible body asks the local authority to arrange for an assessment to be made in respect of him under section 323, and

no such assessment has been made within the period of six months ending with the date on which the request is made.

If it is necessary for the authority to make an assessment or further assessment under section 323, they must comply with the request.

Before deciding whether to comply with the request, the authority must serve on the child’s parent a notice informing him—

that they are considering whether to make an assessment of the child’s educational needs,

of the procedure to be followed in making the assessment,

of the name of their officer from whom further information may be obtained, and

of the parent’s right to make representations, and submit written evidence, to them before the end of the period specified in the notice (“the specified period”).

The specified period must not be less than 29 days beginning with the date on which the notice is served.

The authority may not decide whether to comply with the request until the specified period has expired.

The authority must take into account any representations made, and any evidence submitted, to them in response to the notice.

If, as a result of this section, a local authority decide to make an assessment under section 323, they must give written notice to the child’s parent and to the responsible body which made the request, of the decision and of their reasons for making it.

If, after serving a notice under subsection (3), the authority decide not to assess the educational needs of the child—

they must give written notice of the decision and of their reasons for making it to his parent and to the responsible body which made the request, and

the parent may appeal to the Tribunal against the decision.

A notice given under subsection (8)(a) to the child’s parent must—

inform the parent of his right to appeal, and

contain such other information (if any) as may be prescribed.

On an appeal under subsection (8) the Tribunal may—

dismiss it, or

order the authority to arrange for an assessment to be made in respect of the child under section 323.

This section applies to a child for whom relevant early years education is provided as it applies to a child who is a registered pupil at a relevant school.

“Relevant school” means—

a maintained school,

a maintained nursery school,

a pupil referral unit,

an independent school,

an alternative provision Academy that is not an independent school,

a school approved under section 342.

“The responsible body” means—

in relation to ... a pupil referral unit, the head teacher,

in relation to any other relevant school, the proprietor or head teacher, and

in relation to a provider of relevant early years education, the person or body of persons responsible for the management of the provision of that early years education.

“Relevant early years education” has the same meaning as it has (in relation to Wales) in section 123 of the School Standards and Framework Act 1998 except that it does not include early years education provided by a local authority at a maintained nursery school.

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“Prescribed”... means prescribed in regulations made by the Welsh Ministers.

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Assessment of educational needs of children under two.

Where a local authority are of the opinion that a child in their area who is under the age of two falls, or probably falls, within subsection (2)—

they may, with the consent of his parent, make an assessment of the child’s educational needs, and

they shall make such an assessment if requested to do so by his parent.

A child falls within this subsection if—

he has special educational needs, and

it is necessary for the authority to determine the special educational provision which any learning difficulty he may have calls for.

An assessment under this section shall be made in such manner as the authority consider appropriate.

After making an assessment under this section, the authority—

may make a statement of the child’s special educational needs, and

may maintain that statement,

in such manner as they consider appropriate.

Duty of Local Health Board or National Health Service trust to notify parent etc.

This section applies where an integrated care board, a Local Health Board ... , a National Health Service trust or an NHS foundation trust , in the course of exercising any of their functions in relation to a child who is under compulsory school age, form the opinion that he has (or probably has) special educational needs.

The Board or other body —

shall inform the child’s parent of their opinion and of their duty under paragraph (b), and

after giving the parent an opportunity to discuss that opinion with an officer of the Board or other body , shall bring it to the attention of the appropriate local authority.

If the Board or other body are of the opinion that a particular voluntary organisation is likely to be able to give the parent advice or assistance in connection with any special educational needs that the child may have, they shall inform the parent accordingly.

Appeals by children

Right of a child to appeal to the ... Tribunal

This section applies to the rights of a parent of a child to appeal to the ... Tribunal under any of the following provisions—

section 325(2) (appeal against decision not to make statement);

section 326(1) (appeal against contents of statement);

section 328(3)(b) (reviews of educational needs);

section 329(2)(b) (assessment of educational needs at request of child's parent);

section 329A(8)(b) (review of assessment of educational needs at request of responsible body);

paragraph 8(3)(b) of Schedule 27 (change of named school);

paragraph 11(2)(b) of Schedule 27 (ceasing to maintain a statement).

The child may exercise the rights conferred on the parent in respect of that child.

The child's rights are exercisable concurrently with the parent's rights.

The exercise of rights under this section is subject to provision made by regulations under sections 332ZC and 336(1).

Notice and service of documents on a child

This section applies if a local authority ... is required to give notice to or serve a document on a parent of a child under any of the following provisions—

section 325 (appeal against decision not to make statement);

section 328 (reviews of educational needs);

section 329 (assessment of educational needs at request of child's parent);

section 329A(8) (review or assessment of educational needs at request of responsible body);

paragraph 3 of Schedule 26 (manner and timing of assessments);

paragraph 2A of Schedule 27 (amendments to a statement);

paragraph 2B(2) of Schedule 27 (provision of additional information);

paragraph 6 of Schedule 27 (service of statement);

paragraph 8 of Schedule 27 (change of named school);

paragraph 11 of Schedule 27 (ceasing to maintain a statement).

The local authority must give notice to, or serve the document on, the child as well as on the parent.

Any provision applicable to notices given to or documents served on a parent applies equally to notices given to or documents served on a child.

Case friends ...

The Welsh Ministers may provide by regulations for a child to have a person (referred to in this Part as a “case friend”)—

to make representations on behalf of a child with a view to avoiding or resolving disagreements about the exercise by local education authorities ... of functions under this Part, and

to exercise the rights of a child under section 332ZA on the child's behalf.

A child's case friend must—

make representations and exercise rights fairly and competently,

have no interest adverse to that of the child;

ensure that all steps and decisions taken by the case friend are for the benefit of the child and take account of the child's views.

Regulations made under this section may (among other things)—

confer functions on the ... Tribunal;

make provision about procedures in relation to case friends;

make provision about the appointment and removal of case friends;

specify the circumstances in which a person may or may not act as a case friend;

specify the circumstances in which a child must have a case friend;

specify further requirements in respect of the conduct of case friends.

General duties of local authorities

Advice and information for parents — England

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Advice and information ...

A local authority ... must arrange for any child in their area with special educational needs, for a parent of any such child and for a case friend for any such child, to be provided with advice and information about matters relating to those needs.

In making the arrangements, the authority must have regard to any guidance given by the Welsh Ministers.

The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements.

The authority must take such steps as they consider appropriate for making the services provided under subsection (1) known to—

children in their area,

parents of children in their area,

head teachers and proprietors of schools in their area, and

such other persons as they consider appropriate.

Resolution of disputes — England

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Resolution of disputes ...

A local authority ... must make arrangements with a view to avoiding or resolving disagreements between—

authorities and children in their area about the exercise by authorities of functions under this Part, and

authorities and parents of children in their area about the exercise by authorities of functions under this Part.

A local authority ... must also make arrangements with a view to avoiding or resolving, in each relevant school, disagreements between—

a relevant child and the proprietor of the school about the special educational provision made for that child, and

the parents of a relevant child and the proprietor of the school about the special educational provision made for that child.

The arrangements must provide for the appointment of independent persons with the functions of facilitating the avoidance or resolution of such disagreements.

In making the arrangements, the authority must have regard to any guidance given by the Welsh Ministers.

The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements.

The authority must take such steps as they consider appropriate for making the arrangements under subsections (1) and (2) known to—

children in their area,

parents of children in their area,

head teachers and proprietors of schools in their area, and

such other persons as they consider appropriate.

The arrangements cannot affect the entitlement of a child or a parent of a child to appeal to the Tribunal, and the authority must take such steps as they consider appropriate to make that fact known to children, to parents of children and to case friends for children in their area.

In this section—

“authorities” means the governing bodies of maintained schools and the local authority;

“relevant child” means a child who has special educational needs and is a registered pupil at a relevant school.

For the purposes of this section a school is a relevant school in relation to a child if it is—

a maintained school or a maintained nursery school,

a pupil referral unit,

an independent school named in the statement maintained for the child under section 324, or

a school approved under section 342.

Independent advocacy services ...

Every local authority ... must—

make arrangements for the provision of independent advocacy services in their area;

refer any child in their area who requests independent advocacy services to a service provider;

refer any person who is a case friend for a child in their area and who requests independent advocacy services to a service provider.

In this section “independent advocacy services” are services providing advice and assistance (by way of representation or otherwise) to a child—

making, or intending to make an appeal to the Tribunal under section 332ZA, or

considering whether to appeal to the Tribunal under that section, or

taking part in or intending to take part in dispute resolution arrangements made under section 332BA.

In making arrangements under this section, every local authority must have regard to the principle that any services provided under the arrangements must be independent of any person who is—

the subject of an appeal to the Tribunal, or

involved in investigating or adjudicating on such an appeal.

The arrangements must comply with any provisions made in regulations by the Welsh Ministers that relate to the arrangements.

Every local authority ... must take such steps as they consider appropriate for making the arrangements under this section known to—

children in their area,

parents of children in their area,

head teachers and proprietors of schools in their area, and

such other persons as they consider appropriate.

The arrangements may include provision for payments to be made to, or in relation to, any person carrying out functions in accordance with the arrangements.

A local authority must have regard to any guidance given from time to time by the Welsh Ministers.

...

Provision of information

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Publication of information

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Interpretation of sections 332C and 332D

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Special Educational Needs Tribunal for Wales

Constitution of ... Tribunal.

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The ... Tribunal shall exercise the jurisdiction conferred on it by this Part.

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The President and members of the panels.

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Remuneration and expenses.

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Tribunal procedure.

Regulations made by the Welsh Ministers may make provision about the proceedings of the ... Tribunal on an appeal under this Part and the initiation of such an appeal.

The regulations may, in particular, include provision—

as to the period within which, and the manner in which, appeals are to be instituted,

where the jurisdiction of the ... Tribunal is being exercised by more than one tribunal—

for determining by which tribunal any appeal is to be heard, and

for the transfer of proceedings from one tribunal to another,

for enabling any functions which relate to matters preliminary or incidental to an appeal to be performed by the President, or by the chairman,

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for hearings to be conducted in the absence of any member other than the chairman,

as to the persons who may appear on behalf of the parties,

for granting any person such disclosure or inspection of documents or right to further particulars as might be granted by the county court,

requiring persons to attend to give evidence and produce documents,

for authorising the administration of oaths to witnesses,

for the determination of appeals without a hearing in circumstances prescribed in the regulations,

as to the withdrawal of appeals,

for the award of costs or expenses,

for taxing or otherwise settling any such costs or expenses (and, in particular, for enabling such costs to be taxed in the county court),

for the registration and proof of decisions and orders, and

for enabling the ... Tribunal to review its decisions, or revoke or vary its orders, in such circumstances as may be determined in accordance with the regulations.

enabling the ... Tribunal to stay proceedings on an appeal, and

for adding and substituting parties.

Proceeding before the ... Tribunal shall be held in private, except in circumstances prescribed in the regulations.

The Welsh Ministers may pay such allowances for the purpose of or in connection with the attendance of persons at the ... Tribunal as the Welsh Ministers may determine.

Part I of the Arbitration Act 1996 shall not apply to any proceedings before the ... Tribunal but regulations made by the Welsh Ministers may make provision corresponding to any provision of that Part.

Regulations made under subsection (1) may make provision for an appeal under this Part to be heard, in circumstances prescribed in the regulations, with a claim in relation to a contravention of Chapter 1 of Part 6 of the Equality Act 2010 so far as relating to disability..

Any person who without reasonable excuse fails to comply with—

any requirement in respect of the discovery or inspection of documents imposed by the regulations by virtue of subsection (2)(g), or

any requirement imposed by the regulations by virtue of subsection (2)(h),

is guilty of an offence.

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A person guilty of an offence under subsection (5) ... is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Special Educational Needs Tribunal for Wales

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Appeals from the ... Tribunal to the Upper Tribunal

A party to any proceedings under this Part before the ... Tribunal may appeal to the Upper Tribunal on any point of law arising from a decision made by the ... Tribunal in those proceedings.

An appeal may be brought under subsection (1) only if, on an application made by the party concerned, the ... Tribunal or the Upper Tribunal has given its permission for the appeal to be brought.

Section 12 of the Tribunals, Courts and Enforcement Act 2007 (proceedings on appeal to Upper Tribunal) applies in relation to appeals to the Upper Tribunal under this section as it applies in relation to appeals to it under section 11 of that Act, but as if references to the First-tier Tribunal were references to the ... Tribunal.

Compliance with orders

If the Tribunal makes an order, the local authority concerned must comply with the order before the end of the prescribed period beginning with the date on which it is made.

In subsection (1), “prescribed” means prescribed by regulations made by the Welsh Ministers with the agreement of the Secretary of State.

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Schools providing for special educational needs

Interpretation

Special schools

A school in England is a special school if it is specially organised to make special educational provision for pupils with special educational needs, and it is—

maintained by a local authority,

an Academy school, or

a non-maintained special school.

A school in Wales is a special school if it is specially organised to make additional learning provision for pupils with additional learning needs and it is maintained by a local authority.

Interpretation of Chapter

In this Chapter—

“a non-maintained special school” means a school that is approved under section 342;

...

Establishment etc. of special schools

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Approval of non-maintained special schools

Approval of non-maintained special schools.

The Secretary of State may approve under this section any school in England which—

is specially organised to make special educational provision for pupils with special educational needs, and

is not a community or foundation special school or an Academy school,

and may give ... approval before or after the school is established.

Regulations may make provision as to the requirements which are to be complied with as a condition of approval under subsection (1) above.

Any school which was a special school immediately before 1st April 1994 shall be treated, subject to subsection (4) below, as approved under this section.

Regulations may make provision as to—

the requirements which are to be complied with by a school while approved under this section, and

the withdrawal of approval from a school (including approval treated as given under subsection (3)) at the request of the proprietor or on the ground that there has been a failure to comply with any prescribed requirement.

Without prejudice to the generality of subsections (2) and (4), the requirements which may be imposed by the regulations include requirements—

which call for arrangements to be approved by the Secretary of State, or

as to the organisation of any special school as a primary school or as a secondary school.

Regulations made by virtue of subsections (2) and (4)(a) must impose—

a requirement for an allergy safety policy (within the meaning of section 100A of the Children and Families Act 2014) to be in place at a school,

requirements that correspond or are similar to the duties imposed by section 100A(4) to (6) of that Act (duty to review and publicise policy etc), and

requirements that correspond or are similar to the duties imposed on the appropriate authority for a school by regulations under section 100B of that Act (allergy safety regulations),

and the requirement referred to in paragraph (a) includes a requirement for the policy to comply with provision made by regulations under section 100A(3) of that Act.

Regulations shall make provision for securing that, so far as practicable, every pupil attending a school in England that is approved under this section—

receives religious education unless withdrawn from receiving such education in accordance with the wishes of the pupil's parent, and

attends religious worship unless withdrawn from attendance at such worship—

in the case of a sixth-form pupil, in accordance with the pupil's own wishes, and

in any other case, in accordance with the wishes of the pupil's parent.

In subsection (5A) “a sixth-form pupil” means a pupil who—

has ceased to be of compulsory school age, and

is receiving education suitable to the requirements of pupils over compulsory school age.

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Non-maintained special schools in England: protection of pupils in an emergency

Application to justice of the peace: power to make regulations

Regulations may make provision conferring power on a justice of the peace, on the application of the Secretary of State, to make an order in an urgent case that a non-maintained special school in England should cease to be approved under section 342.

Regulations under this section may in particular make provision corresponding, with or without modifications, to that made in—

section 120(2) to (7) of the Education and Skills Act 2008 (emergency orders in relation to registered independent educational institutions), or

section 122 of that Act (notification).

Non-maintained special schools in England: appeals

Appeal against decision of Secretary of State

Regulations may make provision for an appeal against a decision of the Secretary of State—

to withdraw approval from a non-maintained special school in England by virtue of section 342(4)(b) (failure to comply with prescribed requirement) otherwise than at the request of the proprietor;

not to approve, not to approve a change to, or to withdraw approval from, relevant arrangements in relation to such a school.

In subsection (1)(b) “relevant arrangements” means arrangements that require the approval of the Secretary of State by virtue of section 342(5)(a).

Regulations under this section must provide that an appeal brought by virtue of this section—

lies to the First-tier Tribunal, and

must be brought by the proprietor of the school in question.

The regulations may in particular make provision, in the case of an appeal brought by virtue of subsection (1)(a), prohibiting the Secretary of State from acting on a decision to withdraw approval during the period in which—

an appeal against the decision could be brought, or

where an appeal has been brought, the appeal has not been determined, withdrawn or otherwise disposed of.

Appeal against order of justice of peace

Regulations may make provision for an appeal against the making of an order by virtue of section 342A (order by justice of peace in an emergency).

The regulations must provide that an appeal brought by virtue of this section—

lies to the First-tier Tribunal, and

must be brought by the proprietor of the school in question.

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Government etc. of special schools

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Maintained special school becoming grant-maintained

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Grouping of grant-maintained special schools

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Independent schools providing special education

Approval of independent schools.

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Provision of special education at non-maintained schools —Wales.

This section applies where—

special educational provision in respect of a child with special educational needs is made at a school which is not a maintained school,

the child is in the area of a local authority in Wales, and

either the name of the school is specified in a statement in respect of the child under section 324 or the local authority are satisfied—

that his interests require the necessary special educational provision to be made for him at a school which is not a maintained school, and

that it is appropriate for the child to be provided with education at the particular school.

Where this section applies, the local authority shall pay the whole of the fees payable in respect of the education provided for the child at the school, and if—

board and lodging are provided for him at the school, and

the authority are satisfied that the necessary special educational provision cannot be provided for him at the school unless the board and lodging are also provided,

the authority shall pay the whole of the fees payable in respect of the board and lodging.

In this section “maintained school” means a school maintained by a local authority.

Variation of deeds

Variation of trust deeds etc. by order.

The Secretary of State may by order make such modifications of any trust deed or other instrument relating to a school as, after consultation with the governing body or other proprietor of the school, appear to the Secretary of State to be necessary to enable the governing body or proprietor to meet any requirement imposed by—

regulations under section 342 .... , or

Academy arrangements.

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Any modification made by an order under this section may be made to have permanent effect or to have effect for such period as may be specified in the order.

The Curriculum

Preliminary

Meaning of “maintained school” etc. in Part V.

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General duties in respect of the curriculum.

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Basic curriculum for every maintained school.

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Secular education

The National Curriculum: general

The National Curriculum.

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The core subjects and other foundation subjects.

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The key stages.

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Establishment of the National Curriculum by order.

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Implementation of the National Curriculum in schools.

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The School Curriculum and Assessment Authority

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The Curriculum and Assessment Authority for Wales

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The National Curriculum: special cases

Development work and experiments.

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Exceptions by regulations.

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Pupils with statements of special educational needs.

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Temporary exceptions for individual pupils.

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Information concerning directions under section 365.

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Appeals against directions under section 365 etc.

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The National Curriculum: supplementary provisions

Procedure for making certain orders and regulations.

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Programmes of research etc. in relation to Wales.

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General functions of LEA, governing body and head teacher in relation to curriculum

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Religious education and worship

Agreed syllabuses

Agreed syllabuses of religious education.

Subject to the provisions of Schedule 31, any agreed syllabus in force immediately before the commencement of this Act shall continue to have effect.

In this Act “agreed syllabus” means a syllabus of religious education—

prepared before the commencement of this Act in accordance with Schedule 5 to the Education Act 1944 or after commencement in accordance with Schedule 31, and

adopted by a local authority under that Schedule,

whether it is for use in all the schools maintained by them or for use in particular such schools or in relation to any particular class or description of pupils in such schools.

Every agreed syllabus shall reflect the fact that the religious traditions in Great Britain are in the main Christian whilst taking account of the teaching and practices of the other principal religions represented in Great Britain.

Any reference in this Act to an agreed syllabus adopted by a local authority includes a reference to an agreed syllabus deemed to be adopted by such an authority by virtue of paragraph 11 of Schedule 5 to the Education Act 1944 or paragraph 14 of Schedule 31; and accordingly, in relation to an agreed syllabus deemed to be so adopted, any reference to the date on which an agreed syllabus was adopted is a reference to the date of deemed adoption specified by the Secretary of State in a direction under that paragraph.

Subsection (3) does not apply to any agreed syllabus adopted before 29th September 1988.

Required provision for religious education

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Religious worship

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Exceptions and special arrangements

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Constitution of standing advisory councils on religious education

Constitution of advisory councils.

A local authority shall constitute a standing advisory council on religious education for the purposes mentioned in section 391(1).

The council shall consist of such groups of persons appointed by the authority as representative members (“representative groups”) as are required by subsection (4).

The council may also include co-opted members (that is, persons co-opted as members of the council by members of the council who have not themselves been so co-opted).

The representative groups required by this subsection are—

a group of persons to represent such Christian denominations and other religions and denominations of such religions as, in the opinion of the authority, will appropriately reflect the principal religious traditions in the area;

except in the case of an area in Wales, a group of persons to represent the Church of England;

a group of persons to represent such associations representing teachers as, in the opinion of the authority, ought to be represented, having regard to the circumstances of the area; and

a group of persons to represent the authority.

Where a representative group is required by subsection (4)(b), the representative group required by subsection (4)(a) shall not include persons appointed to represent the Church of England.

The number of representative members appointed to any representative group under subsection (4)(a) to represent each denomination or religion required to be represented shall, so far as consistent with the efficient discharge of the group’s functions, reflect broadly the proportionate strength of that denomination or religion in the area.

On any question to be decided by the council only the representative groups on the council shall be entitled to vote, and each representative group shall have a single vote.

Functions of advisory councils.

The purposes referred to in section 390(1) are—

to advise the local authority on such matters connected with—

religious worship in community schools or in foundation schools which (within the meaning of Part II of the School Standards and Framework Act 1998) do not have a religious character, and

the religious education to be given in accordance with an agreed or other syllabus in accordance with Schedule 19 to that Act,

as the authority may refer to the council or as the council may see fit, and

to carry out the functions conferred on them by section 394.

The matters referred to in subsection (1)(a) include, in particular, methods of teaching, the choice of materials and the provision of training for teachers.

The representative groups on the council required by section 390(4), other than the group consisting of persons appointed to represent the authority, may at any time require a review of any agreed syllabus for the time being adopted by the authority.

Each representative group concerned shall have a single vote on the question of whether to require such a review.

Paragraph 3 of Schedule 31 has effect to require the authority, on receiving written notification of any such requirement, to cause a conference constituted in accordance with that Schedule to be convened for the purpose of reconsidering any agreed syllabus to which the requirement relates.

The council shall in each year publish a report as to the exercise of their functions and any action taken by representative groups on the council under subsection (3) during the last preceding year.

The council’s report shall in particular—

specify any matters in respect of which the council have given advice to the authority,

broadly describe the nature of the advice given, and

where any such matter was not referred to the council by the authority, give the council’s reasons for offering advice on that matter.

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A council for an area in Wales must send a copy of each report published by them under subsection (6) to the Welsh Ministers.

Advisory councils: supplementary provisions.

In this section “the council” means the standing advisory council on religious education constituted by a local authority under section 390.

Before appointing a person to represent any religion, denomination or associations as a member of the council, the authority shall take all reasonable steps to assure themselves that he is representative of the religion, denomination or associations in question.

A member of the council who was appointed by the authority may be removed from membership by the authority if, in their opinion, he ceases to be representative of the religion, denomination or associations which he was appointed to represent or (as the case may be) he ceases to be representative of the authority.

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A person co-opted as a member of the council shall hold office on such terms as may be determined by the members co-opting him.

A member of the council may at any time resign his office.

Subject to section 390(7), the council and, in relation to any question falling to be decided by members of the council of any particular category, the members of that category, may regulate their own proceedings.

The validity of proceedings of the council or of the members of the council of any particular category shall not be affected—

by a vacancy in the office of any member of the council required by section 390(2), or

on the ground that a member of the council appointed to represent any religion, denomination or associations does not at the time of the proceedings represent the religion, denomination or associations in question.

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Determinations by standing advisory councils

Determination of cases in which requirement for Christian collective worship is not to apply.

The council constituted by a local authority under section 390 shall, on an application made by the head teacher of—

any community school maintained by the authority, or

any foundation school which has not been designated under section 69(3) of the School Standards and Framework Act 1998 by the Secretary of State as having a religious character,

consider whether it is appropriate for the requirement imposed by paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998 (requirement for Christian collective worship) to apply in the case of the school or in the case of any class or description of pupils at the school.

In determining whether it is appropriate for that requirement to apply as mentioned in subsection (1), the council shall have regard to any circumstances relating to the family backgrounds of the pupils at the school, or of the pupils of the particular class or description in question, which are relevant for determining the character of the collective worship appropriate in their case.

The council shall give the head teacher written notification of their decision on the application.

Where the council determine that it is not appropriate for the requirement to apply as mentioned in subsection (1), the determination shall take effect for the purposes of paragraph 4 of Schedule 20 to the School Standards and Framework Act 1998 (disapplication of requirement for Christian collective worship) on such date as may be specified in the notification of the council’s decision under subsection (3).

Before making an application under subsection (1), the head teacher of a school shall consult the governing body.

On being consulted by the head teacher, the governing body may if they think fit take such steps as they consider appropriate for consulting all persons appearing to them to be parents of registered pupils at the school.

An application under subsection (1) shall be made in such manner and form as the council may require.

Where an application is made under subsection (1)(a) in respect of a community school which becomes a foundation school (by virtue of the relevant enactments) before the application is determined, it shall, unless withdrawn by the head teacher, continue as if made under subsection (1)(b).

In subsection (8) “the relevant enactments” means—

in relation to England, sections 18 to 24 of the Education and Inspections Act 2006;

in relation to Wales, section 35 of, and Schedule 8 to, the School Standards and Framework Act 1998.

Review of determinations under section 394.

Any determination by a council under section 394 by virtue of which the requirement imposed by paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998 does not for the time being apply in the case of a school or a class or description of pupils at a school shall be reviewed by the council—

at any time on an application made by the head teacher, and

in any event not later than the end of the period of five years beginning with the date on which the determination first took effect or (where it has since been reviewed under this section) with the effective date of the decision on the last review.

On any review under subsection (1)(b) the council shall give the head teacher an opportunity of making representations as to the determination under review.

On a review under this section, the council may—

confirm the determination, with or without variation, or

revoke it (without prejudice to any further determination under section 394).

The council shall give the head teacher written notification of their decision, specifying the effective date of that decision for the purposes of subsection (1)(b).

Any determination which is required to be reviewed under subsection (1)(b) shall cease to have effect, if not confirmed on such a review, at the end of the period there mentioned.

The head teacher of a school shall consult the governing body before making an application under subsection (1)(a) or any representations under subsection (2).

An application under subsection (1)(a) shall be made in such manner and form as the council may require.

Power of Secretary of State to direct advisory council to revoke determination or discharge duty.

Where the Secretary of State is satisfied, either on complaint by any person or otherwise, that any standing advisory council on religious education constituted by a local authority under section 390—

have acted, or are proposing to act, unreasonably in determining for the purposes of section 394 or 395 whether it is appropriate for the requirement imposed by paragraph 3(2) of Schedule 20 to the School Standards and Framework Act 1998 to apply in the case of any school or any class or description of pupils at a school, or

have failed to discharge any duty imposed under section 394 or 395,

he may give the council such directions as to the revocation of the determination, or the withdrawal of the proposed determination or (as the case may be) the discharge of the duty as appear to him to be expedient; and the council shall comply with the directions.

Directions under subsection (1) may provide for the making by the council of a new determination to take effect in place of the determination or proposed determination to be revoked or withdrawn by them.

Access to meetings and documents

Religious education: access to meetings and documents.

This section applies to—

any conference convened under any of paragraphs 1 to 3 of Schedule 31, and

any standing advisory council on religious education constituted under section 390.

Regulations may make provision—

for meetings of conferences or councils to be, subject to prescribed exceptions, open to members of the public,

requiring conferences or councils to give notice, in such manner as may be prescribed, of the time and place of such meetings, and

requiring conferences or councils, at such time or times as may be prescribed—

to make available for inspection, or

to provide on payment of such fee as they think fit (not exceeding the cost of supply),

copies of the agendas and reports for such meetings to members of the public.

Regulations made under subsection (2) may apply to—

committees appointed by local authorities under paragraph 4 of Schedule 31,

sub-committees appointed by conferences under that Schedule, and

representative groups on councils appointed under section 390(4),

as they apply to conferences and councils.

Miscellaneous

No requirement of attendance at Sunday school etc.

It shall not be required, as a condition of—

a pupil attending a maintained school, or

a person attending such a school to receive further education or any training for members of the school workforce ,

that he must attend or abstain from attending a Sunday school or a place of religious worship.

In subsection (1)(b), the reference to training for members of the school workforce is to be read in accordance with sections 96(1) and 100 of the Education Act 2005.

Determination of question whether religious education in accordance with trust deed.

Where any trust deed relating to a foundation or voluntary school makes provision whereby a bishop or any other ecclesiastical or denominational authority has power to decide whether the religious education given in the school which purports to be in accordance with the provisions of the trust deed does or does not accord with those provisions, that question shall be determined in accordance with the provisions of the trust deed.

Miscellaneous and supplementary provisions

Courses leading to external qualifications

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Obligation to enter pupils for public examinations

Obligation to enter pupils for public examinations.

Subject to subsections (2) and (3), the governing body of a maintained school shall secure that each registered pupil at the school is entered, at such time as they consider appropriate, for each prescribed public examination for which he is being prepared at the school at the time in question in each syllabus for that examination for which he is being so prepared.

The governing body are not required to secure that a pupil is entered for any examination, or for an examination in any syllabus for that examination, if either—

they consider that there are educational reasons in the case of that particular pupil for not entering him for that examination or (as the case may be) for not entering him for that examination in that syllabus, or

the parent of the pupil requests in writing that the pupil should not be entered for that examination or (as the case may be) for that examination in that syllabus;

but this subsection does not apply to an examination which is part of the assessment arrangements for the fourth key stage and applies in the case of that pupil.

But subsection (2) does not apply to—

an examination which is part of the assessment arrangements for the fourth key stage and applies in the case of that pupil (if the pupil is registered at a school maintained by a local authority in England), or

an examination which is part of the assessment arrangements for pupils of compulsory school age who have completed the school year in which the majority of the pupils in their class attained the age of 14 and applies in the case of that pupil (if the pupil is registered at a school maintained by a local authority in Wales).

The governing body are not required to secure that a pupil is entered for any examination in any syllabus for that examination if they have secured his entry for another prescribed public examination in a corresponding syllabus.

For the purposes of subsection (3) a syllabus for a prescribed public examination shall be regarded as corresponding to a syllabus for another prescribed public examination if the same course of study is provided at the school in preparation for both syllabuses.

As soon as practicable after determining whether or not to secure the entry of any pupil for a prescribed public examination in any syllabus for which he is being prepared at the school, the governing body shall notify the pupil’s parent in writing of their determination in relation to each such syllabus.

In this section—

“maintained school” includes a community or foundation special school established in a hospital;

“assessment arrangements” and “fourth key stage”—

in relation to a school maintained by a local authority in England, have the same meaning as in Part 6 of the Education Act 2002 (the curriculum in England), and

in relation to a school maintained by a local authority in Wales, have the same meaning as in Part 7 of that Act (the curriculum in Wales); and

“assessment arrangements”, in relation to a school maintained by a local authority in Wales, has the same meaning as in Part 4 of the Curriculum and Assessment (Wales) Act 2021 (assessment and progression);

references to a prescribed public examination shall be construed in accordance with section 462.

Sex education

Sex education: manner of provision.

The . . ., governing body and head teacher shall take such steps as are reasonably practicable to secure that where sex education is given to any registered pupils at a maintained school (whether or not as part of statutory relationships and sex education) , it is given in such a manner as to encourage those pupils to have due regard to moral considerations and the value of family life.

The Secretary of State must issue guidance designed to secure that when sex education is given to registered pupils at maintained schools—

they learn the nature of marriage and its importance for family life and the bringing up of children, and

they are protected from teaching and materials which are inappropriate having regard to the age and the religious and cultural background of the pupils concerned.

In subsection (1A) the reference to sex education does not include sex education given as part of statutory relationships and sex education.

In discharging their functions under subsection (1) governing bodies and head teachers must have regard to the Secretary of State’s guidance.

Guidance under subsection (1A) must include guidance about any material which may be produced by NHS bodies for use for the purposes of sex education in schools.

The Secretary of State may at any time revise his guidance under subsection (1A).

In this section“maintained school” includes a community or foundation special school established in a hospital and “NHS body” has the same meaning as in the National Health Service Act 2006 (see section 275(1) of that Act) .

In this section “statutory relationships and sex education” means education required to be provided at a school in England under section 80(1)(d) of the Education Act 2002.

Sex education: statements of policy.

The governing body of a maintained school shall—

make, and keep up to date, a separate written statement of their policy with regard to the provision of sex education, and

make copies of the statement available for inspection (at all reasonable times) by parents of registered pupils at the school and provide a copy of the statement free of charge to any such parent who asks for one.

A statement under subsection (1) must include a statement of the effect of section 405.

In subsection (1) the reference to sex education does not include sex education given as part of statutory relationships and sex education (and accordingly subsection (1) does not apply at all in relation to a school at which sex education is only given as part of statutory relationships and sex education).

In subsection (1) “maintained school” includes, in relation to pupils who are provided with secondary education, a community or foundation special school established in a hospital.

In this section—

“maintained school” includes, in relation to pupils who are provided with secondary education, a community or foundation special school established in a hospital;

“statutory relationships and sex education” means education required to be provided at a school in England under section 80(1)(d) of the Education Act 2002.

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Exemption from sex education.

If the parent of any pupil in attendance at a maintained school requests that he may be wholly or partly excused from receiving sex education at the school, the pupil shall, except so far as such education is comprised in the National Curriculum, be so excused accordingly until the request is withdrawn.

In subsection (1) the reference to sex education does not include sex education provided at a maintained school in England as part of statutory relationships and sex education.

If the parent of any pupil in attendance at a maintained school in England requests that the pupil may be wholly or partly excused from sex education provided as part of statutory relationships and sex education, the pupil must be so excused until the request is withdrawn, unless or to the extent that the head teacher considers that the pupil should not be so excused.

In this section “statutory relationships and sex education” means education required to be provided at a school in England under section 80(1)(d) of the Education Act 2002.

Politics

Political indoctrination.

The local authority, governing body and head teacher shall forbid—

the pursuit of partisan political activities by any of those registered pupils at a maintained school who are junior pupils, and

the promotion of partisan political views—

in the teaching of any subject in the school (in the case of a school in England), or

in the teaching of any aspect of a curriculum provided in the school under the Curriculum and Assessment (Wales) Act 2021 (in the case of a school in Wales)

In the case of activities which take place otherwise than on the school premises, subsection (1)(a) applies only where arrangements for junior pupils to take part in the activities are made by—

any member of the school’s staff (in his capacity as such), or

anyone acting on behalf of the school or of a member of the school’s staff (in his capacity as such).

In this section “maintained school” includes a community or foundation special school established in a hospital.

Duty to secure balanced treatment of political issues.

The local authority, governing body and head teacher shall take such steps as are reasonably practicable to secure that where political issues are brought to the attention of pupils while they are—

in attendance at a maintained school, or

taking part in extra-curricular activities which are provided or organised for registered pupils at the school by or on behalf of the school,

they are offered a balanced presentation of opposing views.

In this section “maintained school” includes a community or foundation special school established in a hospital.

Information

Provision of information.

Regulations may require, in relation to every maintained school, the local authority, the governing body or the head teacher to make available either generally or to prescribed persons, in such form and manner and at such times as may be prescribed—

such information (including information as to the matters mentioned in subsection (2)) relevant for the purposes of any of the relevant provisions of this Part or Part V of the Education Act 1997 or section 96 of the Learning and Skills Act 2000 or the relevant provisions of the Education Act 2002 or the provisions of Part 7 of the Apprenticeships, Skills, Children and Learning Act 2009 or the provisions of the Qualifications Wales Act 2015 or the provisions of the Curriculum and Assessment (Wales) Act 2021, and

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as may be prescribed.

The matters referred to in subsection (1)(a) are—

the curriculum for maintained schools,

the educational provision made by the school for pupils at the school and any syllabuses to be followed by those pupils,

the educational achievements of pupils at the school (including the results of any assessments of those pupils, whether under this Part or otherwise, for the purpose of ascertaining those achievements), and

the educational achievements of such classes or descriptions of pupils as may be prescribed (including results of the kind mentioned in paragraph (c)). , and

arrangements relating to relevant qualifications (within the meaning given by section 96(5) of the Learning and Skills Act 2000) which are approved under section 98 ... of that Act and to courses leading to such qualifications.

arrangements relating to qualifications within the meaning given in section 56 of the Qualifications Wales Act 2015 which are approved under Part 4 of that Act and to courses of education or training leading to such qualifications.

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For the purposes of subsection (1) the relevant provisions of this Part are—

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sections 390 to 392;

sections 394 to 396 396A;

sections 398 ... and 405; ...

section 409 ; and

in so far as subsection (1) applies in relation to Wales, sections 403 and 404.

For the purposes of subsection (1) the relevant provisions of the Education Act 2002 are—

Part 6 (the curriculum in England), and

sections 97 to 117 (the curriculum in Wales).

Before making any regulations under this section, the Secretary of State shall consult any persons with whom consultation appears to him to be desirable.

Regulations under this section shall not require information as to the results of an individual pupil’s assessment (whether under Part 6 or 7 of the Education Act 2002 or Part 4 of the Curriculum and Assessment (Wales) Act 2021 or otherwise) to be made available to any persons other than—

the parents of the pupil concerned,

the pupil concerned,

in the case of a pupil who has transferred to a different school, the head teacher of that school,

the governing body of the school, or

the local authority;

...

Regulations under this section shall not require information as is mentioned in subsection (6) to be made available—

to a governing body except where relevant for the purposes of the performance of any of their functions;

to a head teacher except where relevant for the purposes of the performance of any of the head teacher’s functions;

to a local authority except where relevant for the purposes of the performance of any of their education functions.

Regulations under this section may authorise local authorities, governing bodies and head teachers to make a charge (not exceeding the cost of supply) for any documents supplied by them in pursuance of the regulations.

In relation to any maintained school, the local authority and the governing body shall exercise their functions with a view to securing that the head teacher complies with any regulations made under this section.

In exercising their functions under subsection (1), the Welsh Ministers must have regard to the desirability of information being available to parents and others about whether, and if so how, any parts of the curriculum and any educational provision at maintained schools (other than maintained nursery schools) promote the purpose of the Violence against Women, Domestic Abuse and Sexual Violence (Wales) Act 2015 (see section 1 of that Act).

In this section “maintained school” includes a maintained nursery school.

Complaints and enforcement

Complaints and enforcement: maintained schools in Wales.

A local education authority in Wales shall, ... after consultation with governing bodies of foundation and voluntary aided schools in Wales, make arrangements for the consideration and disposal of any complaint to which subsection (2) applies.

This subsection applies to any complaint which is to the effect that the authority, or the governing body of any community, foundation or voluntary school maintained by the authority , any maintained nursery school so maintained or any community or foundation special school so maintained which is not established in a hospital—

have acted or are proposing to act unreasonably in relation to the exercise of a power conferred on them by or under a relevant enactment, or

have acted or are proposing to act unreasonably in relation to the performance of, or have failed to discharge, a duty imposed on them by or under a relevant enactment.

In subsection (2) “relevant enactment” means—

any provision which by virtue of section 408(4) is a relevant provision of this Part for the purposes of section 408(1),

any provision which by virtue of section 408(4A) is a relevant provision of the Education Act 2002 for the purposes of section 408(1), and

any other enactment (whether contained in this Part or the Curriculum and Assessment (Wales) Act 2021 or otherwise) so far as relating to the curriculum for, or religious worship in, maintained schools ....

The Welsh Ministers shall not entertain under section 496 (power to prevent unreasonable exercise of functions) or 497 (powers where a local education authority or governing body fail to discharge their duties) Chapter 1 or 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in conduct of maintained schools and local authorities) any complaint to which subsection (2) applies, unless a complaint concerning the same matter has been made and disposed of in accordance with arrangements made under subsection (1).

Nursery education

Application of Part V in relation to nursery education.

Nothing in this Part applies in relation to a nursery school or in relation to a nursery class in a primary school.

School admissions, attendance and charges

Admission, registration and withdrawal of pupils

Parental preferences

Parental preferences.

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Admission arrangements for county and voluntary schools

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Admission numbers for county and voluntary schools

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New county and voluntary schools

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Admissions appeals relating to county and voluntary schools

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Nursery and special schools, etc.

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Admission arrangements for grant-maintained schools

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Admission numbers for grant-maintained schools

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Admissions appeals relating to grant-maintained schools

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Co-ordinated arrangements for admissions

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Power to direct admission of child to school

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Time for admission of pupils

Time for admission of pupils.

Section 14 (which requires a local authority to secure that sufficient schools for providing primary and secondary education are available for their area) shall not be construed as imposing any obligation on the proprietor of a school to admit children as pupils otherwise than at the beginning of a school term.

Where, however, a child was prevented from entering a school at the beginning of a term—

by his being ill or by other circumstances beyond his parent’s control, or

by his parent’s having been then resident at a place from which the school was not accessible with reasonable facility,

the school’s proprietor is not entitled by virtue of subsection (1) to refuse to admit him as a pupil during the currency of the term.

In cases where subsection (2) does not apply, the governing body of a school maintained by a local authority shall comply with any general directions given by the authority as to the time of admission of children as pupils.

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Despite section 7 (duty of parent of child of compulsory school age to cause him to receive full-time education), a parent is not under a duty to cause a child to receive full-time education during any period during which, having regard to subsections (1) and (2), it is not practicable for the parent to arrange for him to be admitted as a pupil at a school.

Registration of pupils

Registration of pupils.

The proprietor of a school shall cause to be kept, in accordance with regulations, a register containing the prescribed particulars in respect of all persons who are pupils at the school.

Without prejudice to the generality of subsection (1), the prescribed particulars shall include particulars of the name and address of every person known to the proprietor to be a parent of a pupil at the school.

The regulations shall prescribe the grounds on which names are to be deleted from a register kept under this section; and the name of a person entered in such a register as a pupil at a school—

shall, when any of the prescribed grounds is applicable, be deleted from the register on that ground; and

shall not be deleted from the register otherwise than on any such ground.

The regulations may make provision—

for enabling registers kept under this section to be inspected;

for enabling extracts from such registers to be taken for the purposes of this Act by persons authorised to do so under the regulations; and

for requiring the person by whom any such register is required to be kept to make to—

the Secretary of State, and

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local authorities ,

such periodical or other returns as to the contents of the register as may be prescribed.

In this Act—

“registered pupil”, in relation to a school, means a person registered as a pupil at the school in the register kept under this section; and

“registered”, in relation to the parents of pupils at a school or in relation to the names or addresses of such parents or pupils, means shown in that register.

A person who contravenes or fails to comply with any requirement imposed on him by regulations under this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Withdrawal of children from school: local authority involvement

Local authority consent for withdrawal of certain children from school

A parent of a relevant child must obtain the consent of the relevant local authority to withdraw the child from school if the parent intends—

that the child should cease to attend the school at which the child is a registered pupil, and

to withdraw the child from school for the purpose of causing the child to receive education otherwise than at school.

A child is a “relevant child” for the purposes of this section if—

the child is of compulsory school age,

the child is a registered pupil at a school, and

condition A or condition B is met in respect of the child.

Condition A is that the child became a registered pupil under arrangements made by a local authority at—

a special school within the meaning of section 337, or

an independent school within the meaning of section 463 which—

in the case of a school in England, is specially organised to make special educational provision for pupils with special educational needs;

in the case of a school in Wales, is wholly or mainly concerned with providing full-time education to persons for whom an individual development plan is maintained.

Condition B is that a local authority is—

conducting enquiries under section 47 of the Children Act 1989 (duty to investigate) in respect of the child, or

taking action under section 47(8) of that Act to safeguard or promote the child’s welfare, in a case where the enquiries mentioned in paragraph (a) have led the local authority to conclude that the child is suffering, or is likely to suffer, significant harm (within the meaning of section 31(9) and (10) of that Act), or has taken such action during the period of five years ending with the date on which an application is made under subsection (6).

Where the proprietor of a school is notified by a parent of a child who is a registered pupil at the school that the parent intends to withdraw the child from school for the purpose of causing the child to receive education otherwise than at school, the proprietor must notify—

the local authority responsible for the area in which the school is located, and

the local authority responsible for the child, if different from the local authority mentioned in paragraph (a).

If a parent of a relevant child applies to the relevant local authority for consent to withdraw the child from school for the purpose of causing the child to receive education otherwise than at school, the authority—

must decide without undue delay whether to grant consent, and

must refuse consent if the local authority considers—

that it would be in the child’s best interests to receive education by regular attendance at school, or

that no suitable arrangements have been made for the education of the child otherwise than at school,

but otherwise must grant consent.

An application mentioned in subsection (6) may also be made by the proprietor of a school at which the relevant child is a registered pupil, on behalf of the child’s parent, and with the consent of the parent.

The relevant local authority must serve notice of the decision under subsection (6) on—

the parent who made the application, or on whose behalf the application was made,

any other parent of the child, where contact details of that parent are known, unless exceptional circumstances apply, and

the proprietor of a school at which the relevant child is a registered pupil.

Regulations under section 434—

must provide that, where consent of the relevant local authority is required under subsection (1) in respect of a relevant child, the proprietor of a school must not allow the deletion from the school’s register of the name of that child unless the proprietor receives notice that the relevant local authority has granted consent under this section in respect of that child, and

may make provision to require the proprietor of a school to arrange to take, or not to take, any other steps specified in the regulations in relation to the registration of a registered pupil at the school where a relevant local authority has granted or refused consent under subsection (6).

If a parent is aggrieved by a decision of the relevant local authority to grant consent under subsection (6)—

the parent may refer the question to—

the Secretary of State, in relation to a local authority in England, and

the Welsh Ministers, in relation to a local authority in Wales, and

the Secretary of State or the Welsh Ministers (as the case may be) may—

uphold the decision of the local authority, or

refer the question back to the local authority to determine.

If a parent is aggrieved by a decision of the relevant local authority to refuse consent under subsection (6)—

the parent may refer the question to—

the Secretary of State, in relation to a local authority in England, and

the Welsh Ministers, in relation to a local authority in Wales, and

the Secretary of State or the Welsh Ministers (as the case may be) may—

give such direction determining the question as the Secretary of State considers, or the Welsh Ministers consider, appropriate, or

refer the question back to the local authority to determine.

If a subsequent application is made in relation to a relevant child in respect of whom the relevant local authority has previously refused consent under subsection (6), the authority is only required to make a new decision under subsection (6)(a) if a period of 6 months has elapsed since the date of the previous application.

In this section, a “relevant local authority”, in relation to a relevant child, means—

where the child is a relevant child as a result of condition A (but not condition B) being met in respect of the child, the local authority that made the arrangements mentioned in subsection (3);

where the child is a relevant child as a result of condition B (but not condition A) being met in respect of the child, the local authority conducting enquiries or taking action as mentioned in subsection (4);

where the child is a relevant child as a result of conditions A and B being met in respect of the child, the local authority conducting enquiries or taking action as mentioned in subsection (4).

Mandatory local authority meetings prior to withdrawal of child from school

The appropriate national authority must, by regulations made before the end of the relevant period, make a scheme (“a pilot scheme”) to provide—

that the parent of a child must attend and participate in a meeting with the local authority responsible for the child if the parent intends—

that the child should cease to attend the school at which the child is a registered pupil, and

to withdraw the child from school for the purpose of causing the child to receive education otherwise than at a school,

that the local authority must ensure that the following matters are discussed with the parent during the meeting—

the duty of parents under section 7 and how the parent plans to meet this duty;

the duties of the local authority, including the support duty under section 436G;

the parent’s reasons for considering that the child should receive education otherwise than at school;

any support needs that the child may have and how those needs could be met;

the safeguarding and welfare of the child;

anything else relevant to the decision to withdraw the child from school,

that the child must attend the meeting unless exceptional circumstances apply,

that a representative of the school at which the child is a registered pupil must attend the meeting if the parent consents to the representative’s attendance,

that the proprietor of a school must not allow the deletion from the school’s register of the name of the child unless the proprietor receives notice from the local authority that the meeting has taken place in respect of the child, and

that the local authority must record the outcome of the meeting or whether the meeting was refused.

The “relevant period” is the period of two years beginning with the day on which section 37 of the Children’s Wellbeing and Schools Act 2026 comes fully into force.

The regulations must also specify—

the local authorities in respect of which the pilot scheme will operate, and

the period for which the scheme has effect.

The number of local authorities specified under subsection (3)(a) must not exceed 30 per cent of all local authorities in England or 30 per cent of all local authorities in Wales as the case may be.

The period specified under subsection (3)(b) must not be less than two years and must not exceed five years.

The regulations may provide for exemptions from the pilot scheme in respect of descriptions of children as specified in the regulations.

The regulations may make provision for, or in connection with, any arrangements that the appropriate national authority considers are required to ensure that the pilot scheme can operate.

The provision that may be made by virtue of subsection (7) includes—

provision modifying or amending the pilot scheme for the purpose of ensuring that the scheme can operate in relation to children falling within section 434A;

provision modifying or amending section 434A for the purpose of ensuring that the pilot scheme can operate in relation to children falling within that section.

Subject to subsection (10), the appropriate national authority may by regulations—

make provision to end the pilot scheme;

provide that the provisions mentioned in paragraphs (a) to (f) of subsection (1) have effect, after the expiry of the pilot scheme, in relation to all local authorities, subject to any exemptions for descriptions of children as specified in the regulations;

amend section 434A for the purpose of ensuring that the grant of local authority consent to withdraw a child from school under that section is conditional on the parent of that child attending and participating in a meeting with the local authority responsible for the child, as described in paragraphs (a) to (f) of subsection (1), subject to any exemptions for descriptions of children as specified in the regulations;

make provision for, or in connection with, any arrangements that the appropriate national authority considers are required to ensure that any provision made under paragraphs (a) to (c) can operate.

Regulations under subsection (9) may be made only after the pilot scheme has operated for a period of no less than two years.

Before making any regulations under this section, the appropriate national authority must consult such persons as the appropriate national authority considers appropriate.

In this section “appropriate national authority” means—

in relation to England, the Secretary of State;

in relation to Wales, the Welsh Ministers.

If a draft of a statutory instrument containing regulations made by the Secretary of State under this section would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

Withdrawal of pupils from primary school for secondary education

Withdrawal of pupils from a primary school for secondary education.

A local authority may make arrangements in respect of a primary school maintained by them (other than one that is for the time being organised for the provision of both primary and secondary education) under which any registered pupils who are under the age of 12 but have attained the age of 10 years and six months may be required to be withdrawn from the school for the purpose of receiving secondary education.

Supplementary

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School attendance

Children not receiving suitable education

Duty to make arrangements to identify children not receiving education

A local authority must make arrangements to enable them to establish (so far as it is possible to do so) the identities of children in their area who are of compulsory school age but—

are not registered pupils at a school, and

are not receiving suitable education otherwise than at a school.

In exercising their functions under this section a local authority must have regard to any guidance given from time to time by the Secretary of State.

In this Chapter, “suitable education”, in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have (in the case of a local authority in England) or suitable to the child's age, ability and aptitude and to any additional learning needs the child may have (in the case of a local authority in Wales).

Children not in school

Duty to register children not in school

A local authority must maintain a register of children who are eligible to be registered by the authority under this section.

A child is eligible to be registered by a local authority under this section if conditions A to C are met.

Condition A is that the child lives in the authority’s area.

Condition B is that the child is of compulsory school age.

Condition C is that—

the child is not a registered pupil or a student registered at a relevant school,

the child is a registered pupil or a student registered at a relevant school but the proprietor of the school has arranged or agreed that—

the child will receive education otherwise than at that or any other relevant school, and

the child will be absent for some or all of the time when a child receiving full-time education at a relevant school would normally be expected to attend, or

the child is a student registered at a relevant school falling within subsection (7)(d) but attends that school on a part-time basis, and is not also a registered pupil or a student registered at a different relevant school.

Regulations may make provision—

for cases where a child is to be regarded as falling or not falling within subsection (5)(b) or (c);

for cases where a child falling within subsection (5)(b) or (c) is not to be regarded as eligible for registration under this section.

In this section “relevant school” means—

a school maintained by a local authority,

a non-maintained special school (within the meaning given by section 337A),

an Academy school or alternative provision Academy,

an institution within the further education sector that provides secondary education suitable to the requirements of children who have attained the age of 14 years,

an independent educational institution within the meaning of section 92(1) of the Education and Skills Act 2008, that is registered under section 95 of that Act (register of independent educational institutions),

a school that is included in the register of independent schools in Wales (kept under section 158 of the Education Act 2002), or

a school within the meaning of section 135(1) of the Education (Scotland) Act 1980.

Before the end of the period of 15 days beginning with the day on which the local authority registers a child under this section, the local authority—

must consider where the child lives, and

may request the child’s parent to allow the local authority to visit the child inside any of the homes in which the child lives.

If a request under subsection (8)(b) is refused by the person to whom it is made, the local authority must consider that to be a relevant factor in determining whether to serve a preliminary notice under section 436H.

Before the end of the period of 15 days beginning with the day on which the local authority includes in the register the information mentioned in section 436C(1)(g) in respect of a child, the local authority must consider the settings where the child is being educated that the local authority knows about.

Content and maintenance of registers

A register under section 436B must contain the following information in respect of a child registered in it—

the child’s name, date of birth and home address, and if the child has lived at their current address for less than 12 months, their previous address;

any additional address if the child lives at more than one address;

the name and home address of each parent of the child;

the name of each parent who is providing education to that child;

an estimate of the overall total amount of time that the child spends receiving education from parents of the child;

an estimate of the overall total amount of time that the child spends receiving education from persons other than parents of the child;

if a particular provider other than the child’s parent is providing education to the child for more than the prescribed amount of time—

the name and address of the provider;

a description of the type of provider that it is;

the postal address of each place where that education is provided (where different from the address in sub-paragraph (i)) or the website or email address of the provider if that education is provided virtually;

an estimate of the total amount of time that the child spends receiving that education and an estimate of the amount of time the child spends receiving that education without any parent of the child being actively involved in the tuition or supervision of the child.

To the extent that the local authority has the information or can reasonably obtain it, a register under section 436B must also contain such information about, or in connection with, the following matters in respect of a child registered in it as may be prescribed—

the child’s protected characteristics (within the meaning of the Equality Act 2010);

in the case of a child who is in the area of a local authority in England, whether the child has any special educational needs, including whether the local authority maintains an EHC plan for the child;

in the case of a child who is in the area of a local authority in Wales, whether the child has any additional learning needs, including whether an individual development plan is maintained for the child;

any enquiries being made or that have been made by a local authority under section 47 of the Children Act 1989 (local authority’s duty to investigate) and any actions that are being taken or have been taken by the authority or any other local authority following, or in connection with, enquiries under that section;

whether the child is or has ever been a child in need for the purposes of Part 3 of the Children Act 1989 (see section 17(10) of that Act) and, if so, any actions that a local authority is taking or has taken in relation to the child under that Part and any services that a local authority is providing or has provided to the child in the exercise of functions conferred on the authority by section 17 of that Act;

whether the child has ever been assessed as having needs for care and support for the purposes of Part 4 of the Social Services and Well-being (Wales) Act 2014 (anaw 4) (see section 32(1) of that Act) and, if so, any actions that a local authority is taking or has taken in relation to the child under that Part (or Part 4 or 5 of the Children Act 1989) and any services that a local authority is providing or has provided to the child in the exercise of functions conferred on the authority by or under that Part (or Part 4 or 5 of the Children Act 1989);

whether the child is or has ever been looked after by a local authority in England (within the meaning of section 22 of the Children Act 1989) or in Wales (within the meaning of section 74 of the Social Services and Well-being (Wales) Act 2014);

the reasons why the child meets condition C in section 436B, including any information provided by a parent of the child as to those reasons or, in a case where a parent has not provided that information, the fact that they have not done so;

whether, under arrangements made under section 436A, the child has been identified as a child who is of compulsory school age but who is not a registered pupil at a school and is not receiving suitable education otherwise than at a school;

the school or institution or the type of school or institution (if any) that the child attends or has attended in the past;

whether support is being provided in relation to the child under section 436G and, if so, the nature of the support being provided;

any actions that have been taken by a local authority in relation to the child under sections 436I to 436Q (school attendance orders);

whether—

in the case of a child in England, the child is a young carer within the meaning of section 17ZA(3) of the Children Act 1989, as qualified by section 17ZB(3) of that Act, or

in the case of a child in Wales, the child is a carer (within the meaning of “child” and “carer” given by section 3 of the Social Services and Well-being (Wales) Act 2014);

whether the local authority exercised any of its functions under section 436B(8), (9) or (10), 436H(8) or (9), or 436I(3) in relation to the child and the outcomes of any consideration of home and education settings or home visits conducted under those provisions;

any other information about the child’s characteristics, circumstances, needs or interactions with a local authority or educational institutions that the Secretary of State considers, or the Welsh Ministers consider (as the case may be), should be included in the register for the purposes of promoting or safeguarding the education or welfare of children.

A register under section 436B may also contain any other information the local authority considers appropriate.

Regulations may, in relation to a register under section 436B, make provision about—

how a local authority must maintain the register, including provision relating to—

how the register is to be kept up-to-date;

the making of changes to the register;

the form of the register;

publication of the register;

registration forms;

how amounts of time and estimates of amounts of time are to be calculated and recorded for the purposes of subsection (1)(e), (f) and (g)(iv);

publicising the register and duties of persons in relation to the register.

No information from a register under section 436B may be published, or made accessible to the public, in a form—

which includes the name or address of a child who is eligible to be registered under that section or of a parent of such a child, or

from which the identity of such a child or parent can be deduced, whether from the information itself or from that information taken together with any other published information.

In subsection (1)(g), “prescribed amount of time” means an amount of time prescribed—

by reference to a number of hours in, or a proportion of, a week or other period;

by reference to a proportion of the time a child spends receiving education;

in any other way.

Provision of information to local authorities: parents

A parent of a child who is eligible to be registered by a local authority under section 436B must—

inform the local authority that the child is eligible for registration, and

provide the authority with any of the information referred to in section 436C(1) that the parent has.

A parent of a child who is registered by a local authority under section 436B must—

provide the authority, on request, with any of the information referred to in section 436C(1) that the parent has,

inform the authority of a change, of which the parent is aware, to any of the information required to be included in the register under section 436C(1)(a) to (d),

inform the authority, on request, if there have been any changes, of which the parent is aware, to any of the information mentioned in section 436C(1)(e), (f) or (g) since the information was last provided to the authority, and provide the authority with information about those changes, or confirm that there have been no changes, and

inform the authority if the child ceases to be eligible to be registered by that authority under section 436B as a result of no longer meeting Condition A (see subsection (3) of that section) or Condition C (see subsection (5) of that section).

A local authority—

must make a request mentioned in subsection (2)(c) in relation to each child registered by the local authority under section 436B at least once a year, but

may not make such a request more frequently than once every three months.

A person must comply with a duty under subsection (1) or (2) before the end of the relevant period.

In subsection (4) “relevant period” means—

in the case of the duty in subsection (1)(a) or (b), the period of 15 days beginning with the date on which the child becomes eligible for registration by the local authority;

in the case of the duty in subsection (2)(a), such period of not less than 15 days as the local authority specify in the request;

in the case of the duty in subsection (2)(b), the period of 15 days beginning with the date on which the parent becomes aware of the change;

in the case of the duty in subsection (2)(c), such period of not less than 15 days as the local authority specify in the request;

in the case of the duty in subsection (2)(d), the period of 15 days beginning with the date on which the child ceases to be eligible to be registered by the local authority under section 436B.

The duties in subsections (1) and (2) do not apply where the child is receiving full-time education by the following means—

arrangements made by the local authority under section 19 (in England) or section 19A (in Wales);

arrangements made by the proprietor of a relevant school at which the child is a registered pupil;

where the local authority is a local authority in England, arrangements made by the local authority under section 61 of the Children and Families Act 2014 (special educational provision otherwise than in schools, post-16 institutions etc);

where the local authority is a local authority in Wales, arrangements made by the local authority under section 53 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2) (additional learning provision otherwise than in schools);

any combination of the arrangements mentioned in paragraphs (a) to (d);

any one or more of the arrangements mentioned in paragraphs (a) to (d) and attendance at a relevant school.

In this section “relevant school” has the same meaning as in section 436B.

Provision of information to local authorities: education providers

This section applies where a local authority reasonably believes that—

a person is providing out-of-school education to a child for more than the prescribed amount of time without any parent of the child being actively involved in the tuition or supervision of the child, and

the child is, or is eligible to be, registered by the authority under section 436B.

In this section—

“out-of-school education” means any programme or course of education, or any other kind of structured education, that is provided otherwise than as part of the education provided by a relevant school (within the meaning of section 436B);

“prescribed amount of time” means an amount of time prescribed—

by reference to a number of hours in, or a proportion of, a week or other period;

by reference to a proportion of the time a child spends receiving education;

in any other way.

The authority may by notice require the person—

to confirm whether or not the person is providing out-of-school education as mentioned in subsection (1)(a) to any child living in England or Wales (whether or not that child lives in the authority’s area) or has provided such education at any time during the period of three months ending with the date of the notice, and

to provide the authority with the following information in relation to any child living in England or Wales (whether or not that child lives in the authority’s area) to whom they are providing such education, or to whom they have provided such education during that three month period—

the child’s name, date of birth and home address,

the total amount of time that they provide such education to the child, and

the amount of time that they provide such education to the child without any parent of the child being actively involved in the tuition or supervision of the child.

A notice under subsection (3) is served if it is sent to or left at the place where the out-of-school education is provided (as well as in the circumstances referred to in section 572(1)).

Before the end of the specified period, the person on whom a notice under subsection (3) is served must comply with the requirement in the notice.

The “specified period” is the period, specified in the notice that—

is at least 15 days, and

begins with the day on which the notice is served.

Regulations may provide for exceptions to the duty in subsection (5).

Where a local authority is satisfied that a person on whom a notice under subsection (3) is served has—

failed to comply with their duty under subsection (5), or

provided incorrect information in response to the notice,

the authority may require the person to pay a monetary penalty to the authority in accordance with Schedule 31A.

The amount of the monetary penalty is to be the prescribed amount.

Subsection (8) does not apply in relation to a notice under subsection (3) that is served during the period of three months beginning with the day on which section 38 of the Children’s Wellbeing and Schools Act 2026 comes into force.

Use of information in the register

A local authority must, if the Secretary of State so directs in relation to a local authority in England, or the Welsh Ministers so direct in relation to a local authority in Wales, provide the Secretary of State or the Welsh Ministers (as the case may be) with information of a prescribed description from their register under section 436B (whether that is information relating to an individual child or aggregated information).

The Secretary of State or the Welsh Ministers may provide information received under subsection (1) to a prescribed person if the Secretary of State considers or the Welsh Ministers consider (as the case may be) it appropriate to do so for the purposes of promoting or safeguarding the education or welfare of—

the child to whom the information relates, or

any other person under the age of 18.

A local authority may provide information from their register under section 436B which relates to a child, to a person mentioned in subsection (4) if the authority considers it appropriate to do so for the purposes of promoting or safeguarding the education or welfare of—

the child, or

any other person under the age of 18.

For the purposes of subsection (3), the persons are—

a person listed in section 11(1) or 28(1) of the Children Act 2004 (arrangements to safeguard and promote welfare);

Ofsted, meaning—

the Office for Standards in Education, Children’s Services and Skills, and

His Majesty’s Chief Inspector of Education, Children’s Services and Skills;

His Majesty’s Chief Inspector of Education and Training in Wales;

the Welsh Ministers.

Where a local authority becomes aware that a child registered in their register under section 436B will move, or has moved, to the area of another local authority, the local authority—

must provide the other local authority with any information relating to the child which is contained in the register under or by virtue of section 436C(1) or (2), and

may provide the other local authority with any other information relating to the child which is contained in the register under or by virtue of section 436C(3).

Where a local authority in Scotland or Northern Ireland makes a request for information from a register under section 436B held by a local authority in England or Wales, the local authority receiving the request may provide the information if that authority considers it appropriate to do so for the purposes of promoting or safeguarding the education or welfare of—

the child to whom the information relates,

any other person under the age of 18.

A local authority in Scotland means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

A local authority in Northern Ireland means a Health and Social Care Trust or the Education Authority established under the Education Act (Northern Ireland) 2014.

Support

If a parent of a child registered by a local authority under section 436B so requests, the local authority must provide support to the parent by securing the provision of advice and information relating to the education of the child.

The advice and information to be provided is whatever the local authority considers fit having regard to the parent’s request and may include—

advice about the education of the child,

information about sources of assistance for the education of the child, and

information about access to examinations for the General Certificate of Secondary Education.

A local authority in England must offer parents of children registered by the authority under section 436B the opportunity to attend a forum to discuss the operation of sections 436B to 436P.

The offer must be made twice per year and if it is accepted by at least one person to whom it is made, the local authority must arrange for the forum to take place.

The duties in subsections (1), (3) and (4) do not apply in relation to a child where—

the child is a registered pupil at a relevant school (within the meaning of section 436B),

the local authority is required to make arrangements for the education of the child under section 19 or 19A of this Act,

the local authority is required to secure special educational provision for the child under section 42(2) of the Children and Families Act 2014, or

the local authority is required to secure additional learning provision or other provision for the child under section 14(10) or 19(7) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018.

School attendance orders

Preliminary notice for school attendance order

A local authority must serve a preliminary notice on a child’s parent in relation to a child for whom the authority is responsible if it appears to the authority that—

the child is of compulsory school age, and

either condition A or condition B is met.

A local authority may serve a preliminary notice on a child’s parent if it appears to the authority that either condition C or condition D is met.

A “preliminary notice” means a notice requiring the child’s parent on whom the notice is served to satisfy the local authority that—

the child is receiving suitable education, where condition A, C or D is relied on to serve the notice;

the child is receiving education that is in their best interests, where condition B is relied on to serve the notice.

Condition A is that the child is not receiving suitable education, either by regular attendance at school or otherwise.

Condition B is that—

the local authority or another local authority is—

conducting enquiries in respect of the child under section 47 of the Children Act 1989 (duty to investigate), or

taking action under section 47(8) of that Act to safeguard or promote the child’s welfare, in a case where the enquiries mentioned in sub-paragraph (i) have led the local authority to conclude that the child is suffering, or is likely to suffer, significant harm (within the meaning of section 31(9) and (10) of that Act), or has taken such action during the period of five years ending with the date on which a preliminary notice is to be served under subsection (1),

the child is not regularly attending school, and

it would be in the child’s best interests to receive education by regular attendance at school.

Condition C is that—

the child is eligible to be registered by the local authority under section 436B,

the authority has asked the child’s parent for information under section 436D(1), and

the child’s parent has not provided that information before the end of the relevant period (as defined in section 436D(5)(a)), or has provided incorrect information.

Condition D is that the child’s parent is under a duty to provide information to the local authority under section 436D(2)(a), (b) or (c) in relation to the child and—

has not provided the information before the end of the relevant period (as defined in section 436D(5)), or

has provided incorrect information.

For the purpose of determining whether a preliminary notice must or may be served under this section in respect of a child, the local authority—

must consider the settings where the child is being educated that the local authority knows about and where the child lives, and

may request the child’s parent on whom the preliminary notice would be served to allow the local authority to visit the child inside any of the homes in which the child lives.

If a request under subsection (8)(b) is refused by the person to whom it is made, the local authority must consider that to be a relevant factor in determining whether to serve a preliminary notice.

A preliminary notice must—

state which of conditions A to D are relied on to serve the notice,

be served without delay, and in any event before the end of the period of five days beginning with the day on which it appears to the local authority that the requirements of subsection (1) or (2) are met, and

specify the period within which the person must respond to the notice, which must be not less than 15 days beginning with the day on which the notice is served.

School attendance orders

A local authority must serve an order under this section on a child’s parent if—

the authority has served a preliminary notice on the child’s parent under section 436H ,

the child’s parent fails to satisfy the local authority, within the period specified in the notice, that—

the child is receiving suitable education, in a case where condition A, C or D is cited in the notice,

it is in the best interests of the child to receive education otherwise than by regular attendance at school, in a case where condition B is cited in the notice, and

in the opinion of the authority it is expedient that the child should attend school.

But a local authority must not serve an order under this section on a child’s parent if—

either—

condition B was the only condition cited in the preliminary notice served under section 436H in relation to the child, or

condition B and another condition were cited in that preliminary notice, but the child’s parent has satisfied the local authority that the child is receiving suitable education,

the local authority is no longer conducting enquiries or taking action in respect of the child as mentioned in section 436H(5)(a), and

the local authority is not aware of any other enquiries being made under section 47 of the Children Act 1989 or of any other action being taken under section 47(8) of that Act, or which has been taken during the period of five years ending with the date that the order would be made, in respect of the child.

For the purpose of determining whether an order must be served under this section in respect of a child, the local authority—

must consider the settings where the child is being educated that the local authority knows about and where the child lives,

must consider how the child is being educated and what the child is learning, so far as is relevant in the particular case, and

may request the child’s parent on whom the preliminary notice has been served under section 436H to allow the local authority to visit the child inside any of the homes in which the child lives.

If a request under subsection (3)(c) is refused by the person to whom it is made, the local authority must consider that to be a relevant factor in deciding whether the child’s parent has failed to satisfy the local authority as mentioned in subsection (1)(b)(i) or (ii).

An order under this section (a “school attendance order”) is an order requiring the person on whom it is served to cause the child to become a registered pupil at a school named in the order.

A school attendance order under this section—

must be served without delay, and in any event before the end of the period of five days beginning with the day on which the authority determines which school is to be named in the order, and

must be in the prescribed form.

A school attendance order under this section continues in force (subject to any amendment made by the local authority) for so long as the child is of compulsory school age, unless—

it is revoked by the authority, or

a direction is made in respect of it under section 436Q(6) or 447(5).

Where a maintained school is named in a school attendance order under this section—

the local authority must without delay, and in any event before the end of the period of five days referred to in subsection (6)(a) inform the governing body and the head teacher, and

the governing body and the local authority must admit the child to the school.

Where an Academy school or alternative provision Academy is named in a school attendance order under this section—

the local authority must without delay, and in any event before the end of the period of five days referred to in subsection (6)(a) inform the proprietor and the principal, and

the proprietor must admit the child to the school.

Subsections (8) and (9) do not affect any power to exclude from a school a pupil who is already a registered pupil there.

School attendance order for child with EHC plan (England)

Subsections (2) and (3) apply where a local authority in England is required to serve a school attendance order under section 436I in respect of a child for whom the authority maintains an EHC plan.

Where the EHC plan specifies the name of a school, that school must be named in the order.

Where the EHC plan does not specify the name of a school—

the authority must amend the plan so that it specifies the name of a school, and

that school must then be named in the order.

An amendment to an EHC plan required to be made under subsection (3)(a) is to be treated as if it were an amendment made following a review under section 44 of the Children and Families Act 2014, and that section and regulations made under it apply accordingly.

Where—

a school attendance order is in force in respect of a child for whom the local authority maintain an EHC plan, and

the name of the school specified in the plan is changed,

the local authority must amend the order accordingly.

Where a school attendance order is in force in respect of a child who subsequently becomes a child for whom the local authority maintain an EHC plan which specifies the name of a school, the local authority must ensure that school is named in the order.

School attendance order for child with individual development plan (Wales)

Where a local authority in Wales is required to serve a school attendance order under section 436I in respect of a child for whom an individual development plan is maintained in which a particular school is named, that school must be named in the order.

Where—

a school attendance order is in force in respect of a child for whom an individual development plan is maintained in which a particular school is named, and

the name of the school specified in the plan is changed,

the local authority must amend the order accordingly.

Where a school attendance order is in force in respect of a child who subsequently becomes a child for whom an individual development plan is maintained in which a particular school is named, the local authority must ensure that school is named in the order.

School nomination notice for school attendance order

Before a local authority serves a school attendance order under section 436I on a person in respect of a child, other than a child for whom the authority maintains an EHC plan or a child for whom an individual development plan is maintained in which a particular school is named, the authority must serve a notice on the person under this section (a “school nomination notice”).

A school nomination notice is a notice in writing—

informing the person of the local authority’s intention to serve the order,

specifying the school which the authority intends to name in the order and, if the authority considers it fit, one or more other schools which it regards as suitable alternatives, and

stating the effect of subsections (3) to (6).

For periods within which the school nomination notice must be served, see section 436N(6) and (7).

If the school nomination notice specifies one or more alternative schools and the person selects one of them before the end of the period of 15 days beginning with the day on which the notice is served, the school selected by the person must be named in the order.

If—

within the period mentioned in subsection (3) the person—

applies for the child to be admitted to a school which is an Academy school or alternative provision Academy and notifies the local authority which served the notice of the application, or

applies for the child to be admitted to a school maintained by a local authority and, where that authority is not the local authority which served the notice, notifies the latter authority of the application, and

the child is offered a place at the school as a result of the application,

that school must be named in the school attendance order.

If—

within the period mentioned in subsection (3) the person applies to the local authority by whom the notice was served for education to be provided at a school which is not a school maintained by a local authority, an Academy school or alternative provision Academy, and

the child is offered a place at the school under arrangements made by the authority under which the fees payable in respect of the education provided at the school are to be paid by them under section 517,

that school must be named in the school attendance order.

If, within the period mentioned in subsection (3)—

the person—

applies for the child to be admitted to a school which is not maintained by a local authority, an Academy school or an alternative provision Academy and in respect of which no application is made under subsection (5), and

notifies the local authority by whom the notice was served of the application,

the child is offered a place at the school as a result of the application, and

the school is suitable to the child’s age, ability and aptitude and to any special educational needs the child may have,

that school must be named in the school attendance order.

School nomination notice: restrictions

A local authority may not specify a school in a school nomination notice if the child is permanently excluded from it.

A local authority may not specify a maintained school or Academy school in a school nomination notice if the admission of the child would, because of the need to take measures to avoid failing to comply with any duty applicable to the school in relation to class sizes, prejudice the provision of efficient education or the efficient use of resources.

A local authority may not specify a maintained school or Academy school in a school nomination notice if, were the child concerned admitted to the school in accordance with a school attendance order resulting from the notice, the number of pupils at the school in the child’s age group would exceed the relevant number.

The relevant number is—

in the case of a maintained school, the number determined in accordance with section 88C or 89 of the School Standards and Framework Act 1998 as the number of pupils in the child’s age group which it is intended to admit to the school in the school year in which the child would be admitted, or

in the case of an Academy school, the number determined in accordance with the Academy arrangements relating to the school or any enactment as the number of such pupils.

Subsection (3) does not prevent a local authority from specifying a maintained school where the authority is responsible for determining the arrangements for the admission of pupils to the school.

Subsection (3) also does not prevent a local authority from specifying a maintained school or Academy school if—

in the opinion of the authority the school is a reasonable distance from the home of the child, and

there is no maintained school or Academy school in their area which—

the authority could specify (apart from subsection (3)), and

is in the opinion of the authority a reasonable distance from the home of the child.

School nomination notice: procedure

Before deciding to specify a maintained school, Academy school or alternative provision Academy in a school nomination notice a local authority must consult—

in the case of a maintained school—

the governing body, and

if another local authority is responsible for determining the arrangements for the admission of pupils to the school, that authority, or

in the case of an Academy school or alternative provision Academy, the proprietor.

Where a local authority decides to specify a maintained school, Academy school or alternative provision Academy in a school nomination notice the authority must, before serving the notice, serve notice in writing of their decision on—

in the case of a maintained school—

the governing body,

the head teacher, and

if another local authority is responsible for determining the arrangements for the admission of pupils to the school, that authority, or

in the case of an Academy school or alternative provision Academy—

the proprietor, and

the principal.

A notice under subsection (2) must be served without delay, and in any event before the end of the period of 15 days beginning with the expiry of the period specified in the notice under section 436H.

A person on whom a notice is served under subsection (2)(a)(i) or (iii) or (b)(i) may apply to the Secretary of State in relation to a school in England, or to the Welsh Ministers in relation to a school in Wales, for a direction under this section and, if they do so, must inform the local authority which served the notice.

An application under subsection (4) must be made—

if the notice is served on a school day, before the end of the period of 10 school days beginning with the day on which the notice is served, or

if the notice is served on a day that is not a school day, before the end of the period of 10 school days beginning with the first school day following the day on which the notice is served.

If the local authority which served a notice under subsection (2) is not informed of an application under subsection (4) within the period specified in subsection (5), the authority must serve the school nomination notice without delay, and in any event before the end of the period of five days beginning with the day after the day on which the period specified in subsection (5) ended.

Where the Secretary of State gives a direction under this section in relation to a school in England or the Welsh Ministers give a direction under this section in relation to a school in Wales—

the school or schools to be specified in the school nomination notice are to be determined in accordance with the direction, and

the school nomination notice must be served without delay, and in any event before the end of the period of five days beginning with the day after that on which the direction is given.

If a local authority in England serves a notice under subsection (2) specifying a school in Wales and an application for a direction is made to the Welsh Ministers under subsection (4) in relation to that notice, the direction under this section may only—

confirm that a school specified in the notice under subsection (2) should be specified in the school nomination notice, or

refer the question of which school or schools should be specified in the school nomination notice back to the local authority to determine.

If a local authority in Wales serves a notice under subsection (2) specifying a school in England, and an application for a direction is made to the Secretary of State under subsection (4) in relation to that notice, the direction under this section may only—

confirm that a school specified in the notice under subsection (2) should be specified in the school nomination notice, or

refer the question of which school or schools should be specified in the school nomination notice back to the local authority to determine.

Amendment of school attendance order

This section applies where a school attendance order under section 436I is in force in respect of a child, other than a child for whom the local authority maintains an EHC plan or a child for whom an individual development plan is maintained in which a particular school is named.

If at any time—

the person on whom the order is served applies for the child to be admitted—

to a school maintained by a local authority, an Academy school or an alternative provision Academy, and

which is different from the school named in the order,

the child is offered a place at the school as a result of the application, and

the person requests the authority that served the order to amend the order by substituting that school for the one currently named,

the authority must comply with the request.

If at any time—

the person on whom the order is served applies to the authority for the child to be admitted—

to a school not maintained by a local authority, an Academy school or an alternative provision Academy, and

which is different from the school named in the order,

the person requests the authority to amend the order by substituting that school for the one currently named,

the authority must comply with the request.

If at any time—

the person on whom the order is served applies for the child to be admitted—

to a school not maintained by a local authority, an Academy school or an alternative provision Academy,

which is different from the school named in the order, and

in respect of which no application is made under subsection (3),

the child is offered a place at the school as a result of the application,

the school is suitable to the child’s age, ability and aptitude and to any special educational needs the child may have, and

the person requests the authority to amend the order by substituting that school for the one currently named,

the authority must comply with the request.

Revocation of school attendance order

This section applies where a school attendance order made by a local authority under section 436I is in force in respect of a child.

The local authority must revoke the order if—

the order was served following a preliminary notice under section 436H in which the only condition cited was condition B,

the local authority is no longer conducting enquiries or taking action in respect of the child as mentioned in section 436H(5)(a), and

The person on whom the order is served may at any time request the local authority to revoke the order on the ground that arrangements have been made—

for the child to receive suitable education otherwise than at a school, where the order was served—

as a result of the person failing to satisfy the local authority that the child is receiving suitable education, or

as a result of the person failing to satisfy the local authority both that the child is receiving suitable education and that it is in the best interests of the child to receive education otherwise than by regular attendance at school, where subsection (2)(b) and (c) applies;

for the child to receive education, otherwise than at a school, that is in their best interests, where the order was served as a result of the person failing to satisfy the local authority that it is in the best interests of the child to receive education otherwise than by regular attendance at school.

The authority must comply with a request under subsection (3), unless the authority is of the opinion that the arrangements mentioned in subsection (3)(a) or (b), or both, as the case may be, have not been made for the child.

If a person is aggrieved by a refusal of a local authority in England to comply with a request under subsection (3)—

the person may refer the question to the Secretary of State, and

the Secretary of State must give such direction determining the question as the Secretary of State considers appropriate.

If a person is aggrieved by a refusal of a local authority in Wales to comply with a request under subsection (3)—

the person may refer the question to the Welsh Ministers, and

the Welsh Ministers must give such direction determining the question as the Welsh Ministers consider appropriate.

Where the child is one for whom the local authority maintains an EHC plan—

if the name of a school or other institution is specified in the EHC plan, subsection (3) does not apply;

if the name of a school or other institution is not specified in the EHC plan, a direction under subsection (5)(b) may require the authority to make such amendments in the plan as the Secretary of State considers necessary or expedient in consequence of the determination.

Where the child is one for whom the local authority maintains an individual development plan—

if the name of a school or other institution is specified in the plan, subsection (3) does not apply;

if the name of a school or other institution is not specified in the plan, a direction under subsection (6)(b) may require the authority to make such amendments in the plan as the Welsh Ministers consider necessary or expedient in consequence of the determination.

Offence of failure to comply with school attendance order

If a person on whom a school attendance order under section 436I is served fails to comply with the requirements of the order, the person is guilty of an offence.

Subsection (1) does not apply if—

the person proves that arrangements have been made for the child to receive suitable education otherwise than at a school, where the order was served as a result of the person failing to satisfy the local authority that the child is receiving suitable education,

the person proves that arrangements have been made for the child to receive education, otherwise than at a school, that is in their best interests, where the order was served as a result of the person failing to satisfy the local authority that it is in the best interests of the child to receive education otherwise than by regular attendance at school,

section 436H(5)(a) is no longer met in respect of the child, where the order was served following a preliminary notice under section 436H which cited only condition B, or

both—

the person proves that arrangements have been made for the child to receive suitable education otherwise than at a school, and

section 436H(5)(a) is no longer met in respect of the child,

where the order was served following a preliminary notice under section 436H which cited condition B and another condition.

The reference in subsection (1) to failure to comply with the requirements of a school attendance order includes causing a child to cease to be registered at the school named in the school attendance order.

Subsection (3) does not apply in circumstances where—

the school has, pursuant to section 436J, 436K or 436O, ceased to be the school named in the school attendance order, or

the school attendance order has been revoked pursuant to section 436P.

A person who—

fails to comply with the requirements of a school attendance order under section 436I by not causing a child to become a registered pupil at the school named in the order, and

is convicted of an offence under this section in respect of the failure,

may be found guilty of an offence under this section again if the failure continues.

If, in proceedings for an offence under this section, the person is acquitted, the court may direct that the school attendance order ceases to be in force.

A direction under subsection (6) does not affect the duty of the local authority to take further action under section 436I if at any time the authority is of the opinion that, having regard to any change of circumstances, it is expedient to do so.

A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine not exceeding level 4 on the standard scale (or both).

In subsection (8), “the maximum term for summary offences” means—

if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, six months;

if the offence is committed after that time, 51 weeks.

References to “Academy school” and “Academy arrangements”

In sections 436I and 436L to 436O, a reference to an Academy school includes a reference to a city technology college and a city college for the technology of the arts.

The reference in section 436M to Academy arrangements includes a reference to an agreement under section 482.

References to “regulations” and “prescribed”

In sections 436B(6), 436C(4) and 436E(7) “regulations” means—

regulations made by the Secretary of State in relation to England, and

regulations made by the Welsh Ministers in relation to Wales.

In sections 436C, 436E, 436F, 436I and paragraph 5 of Schedule 31A “prescribed” means—

prescribed by regulations made by the Secretary of State in relation to England, and

prescribed by regulations made by the Welsh Ministers in relation to Wales.

Children not in school and school attendance orders: processing of information

Processing of information

This section applies to section 434A, sections 436B to 436Q and Schedule 31A, and provisions of regulations made under any of those provisions.

A disclosure of information authorised or required under any provision to which this section applies does not breach—

any obligation of confidence owed by the person making the disclosure, or

any other restriction on the disclosure of information (however imposed).

School attendance orders

School attendance orders.

If it appears to a local authority that a child of compulsory school age in their area is not receiving suitable education, either by regular attendance at school or otherwise, they shall serve a notice in writing on the parent requiring him to satisfy them within the period specified in the notice that the child is receiving such education.

That period shall not be less than 15 days beginning with the day on which the notice is served.

If—

a parent on whom a notice has been served under subsection (1) fails to satisfy the local authority, within the period specified in the notice, that the child is receiving suitable education, and

in the opinion of the authority it is expedient that the child should attend school,

the authority shall serve on the parent an order (referred to in this Act as a “school attendance order”), in such form as may be prescribed, requiring him to cause the child to become a registered pupil at a school named in the order.

A school attendance order shall (subject to any amendment made by the local authority) continue in force for so long as the child is of compulsory school age, unless—

it is revoked by the authority, or

a direction is made in respect of it under section 443(2) or 447(5).

Where a maintained . . . school is named in a school attendance order, the local authority shall inform the governing body and the head teacher.

Where a maintained . . . school is named in a school attendance order, the governing body (and, in the case of a maintained school, the local authority) shall admit the child to the school.

Subsection (6) does not affect any power to exclude from a school a pupil who is already a registered pupil there.

In this Chapter—

“maintained school” means any community, foundation or voluntary school or any community or foundation special school not established in a hospital; and

...

Choice of school: child without EHC plan or statement of special educational needs, or an individual development plan which names a school.

This section applies where a local authority are required by virtue of section 437(3) to serve a school attendance order in respect of a child, other than a child for whom they maintain an EHC plan (in the case of a local authority in England) or a statement under section 324 a child for whom an individual development plan is maintained in which a particular school is named (in the case of a local authority in Wales).

Before serving the order, the authority shall serve on the parent a notice in writing—

informing him of their intention to serve the order,

specifying the school which the authority intend to name in the order and, if they think fit, one or more other schools which they regard as suitable alternatives, and

stating the effect of subsections (3) to (6).

If the notice specifies one or more alternative schools and the parent selects one of them within the period of 15 days beginning with the day on which the notice is served, the school selected by him shall be named in the order.

If—

within the period mentioned in subsection (3) the parent applies for the child to be admitted to a school maintained by a local authority and, where that authority are not the authority by whom the notice was served, notifies the latter authority of the application, and

the child is offered a place at the school as a result of the application,

that school shall be named in the order.

If—

within the period mentioned in subsection (3), the parent applies to the local authority by whom the notice was served for education to be provided at a school which is not a school maintained by a local authority, and

the child is offered a place at the school and the authority are required by virtue of regulations under section 18(3) to pay the fees payable in respect of the education provided for him at the school,]

that school shall be named in the order.

If, within the period mentioned in subsection (3)—

the parent—

applies for the child to be admitted to a school which is not maintained by a local authority ..., and in respect of which no application is made under subsection (5), and

notifies the local authority by whom the notice was served of the application,

the child is offered a place at the school as a result of the application, and

the school is suitable to his age, ability and aptitude and to any special educational needs he may have —

(in the case of a local authority in England) any special educational needs the child may have, or

(in the case of a local authority in Wales) any additional learning needs the child may have,

that school shall be named in the order.

Specification of schools in notices under section 438(2).

Subject to subsection (3), a local authority shall not, if it appears to them that subsection (2) applies in relation to any school, specify the school in a notice under section 438(2) unless they are responsible for determining the arrangements for the admission of pupils to the school.

This subsection applies where, if the child concerned were admitted to the school in accordance with a school attendance order resulting from the notice, the number of pupils at the school in the child’s age group would exceed the number determined in accordance with section 89 of the School Standards and Framework Act 1998 (determination of admission numbers)) as the number of pupils in that age group which it is intended to admit to the school in the school year in which he would be admitted.

Subsection (1) does not prevent a local authority specifying in a notice under section 438(2) any maintained . . . school if—

there is no maintained . . . school in their area which—

the authority are not (apart from this subsection) prevented by subsection (1) from specifying, and

is, in the opinion of the authority, a reasonable distance from the home of the child concerned, and

in the opinion of the authority, the school in question is a reasonable distance from the home of the child concerned.

A local authority shall not specify in a notice under section 438(2) a school from which the child concerned is permanently excluded.

A local authority shall not specify a school in a notice under section 438(2) if the admission of the child concerned would result in prejudice of the kind referred to in section 86(3)(a) of the School Standards and Framework Act 1998 (parental preferences) by reason of measures required to be taken as mentioned in subsection (4) of that section.

Before deciding to specify a particular maintained . . . school in a notice under section 438(2) a local authority shall consult—

the governing body, and

if another local authority are responsible for determining the arrangements for the admission of pupils to the school, that authority.

Where a local authority decide to specify a particular maintained . . .school in a notice under section 438(2) they shall, before serving the notice, serve notice in writing of their decision on—

the governing body and head teacher of the school, and

if another local authority are responsible for determining the arrangements for the admission of pupils to the school, that authority.

A governing body or local authority on whom notice is served under subsection (6) may, within the period of 15 days beginning with the day on which the notice was received, apply to the Secretary of State for a direction under this section and, if they do so, shall inform the local authority which served the notice.

Where the Secretary of State gives a direction under this section, the school or schools to be specified in the notice under section 438(2) shall be determined in accordance with the direction.

Amendment of order at request of parent: child without EHC plan or statement of special educational needs, or an individual development plan which names a school.

This section applies where a school attendance order is in force in respect of a child, other than a child for whom the local authority maintain an EHC plan (in the case of a local authority in England) or a statement under section 324 a child for whom an individual development plan is maintained in which a particular school is named (in the case of a local authority in Wales).

If at any time—

the parent applies for the child to be admitted to a school maintained by a local authority . . . which is different from the school named in the order,

the child is offered a place at the school as a result of the application, and

the parent requests the local authority by whom the order was served to amend it by substituting that school for the one currently named,

the authority shall comply with the request.

If at any time—

the parent applies to the authority for education to be provided for the child at a school which is not a school maintained by a local authority and which is different from the school named in the order,

the parent requests the authority to amend the order by substituting that school for the one currently named,

the authority shall comply with the request.

If at any time—

the parent applies for the child to be admitted to a school which is not maintained by a local authority . . . , which is different from the school named in the order and in respect of which no application is made under subsection (3),

as a result of the application, the child is offered a place at the school, being a school which is suitable to his age, ability and aptitude and to any special educational needs he may have —

(in the case of a local authority in England) any special educational needs the child may have, or

(in the case of a local authority in Wales) any additional learning needs the child may have, and

the parent requests the authority to amend the order by substituting that school for the one currently named,

the authority shall comply with the request.

Choice of school: child with EHC plan or statement of special educational needs.

Subsections (2) and (3) apply where a local authority in England are required by virtue of section 437(3) to serve a school attendance order in respect of a child for whom they maintain an EHC plan (in the case of a local authority in England) or a statement under section 324 (in the case of a local authority in Wales).

Where the EHC plan or statement specifies the name of a school, that school shall be named in the order.

Where the EHC plan or statement does not specify the name of a school—

the authority shall, . . . , amend the EHC plan or statement so that it specifies the name of a school, and

that school shall then be named in the order.

An amendment to a statement required to be made under subsection (3)(a) shall be treated for the purposes of Schedule 27 as if it were an amendment proposed following a periodic review (within the meaning of that Schedule).

An amendment to an EHC plan required to be made under subsection (3)(a) shall be treated as if it were an amendment made following a review under section 44 of the Children and Families Act 2014, and that section and regulations made under it apply accordingly.

Where—

a school attendance order is in force in respect of a child for whom the local authority maintain an EHC plan or a statement under section 324, and

the name of the school specified in the plan or statement is changed,

the local authority shall amend the order accordingly.

Choice of school: child with individual development plan which names a school

Where a local authority in Wales are required by virtue of section 437(3) to serve a school attendance order in respect of a child for whom an individual development plan is maintained in which a particular school is named, that school must be named in the order.

Where—

a school attendance order is in force in respect of a child for whom an individual development plan is maintained in which a particular school is named, and

the name of the school specified in the plan is changed,

the local authority must amend the order accordingly.

Where—

a school attendance order is in force in respect of a child for whom no individual development plan is maintained in which a particular school is named, and

an individual development plan in which a particular school is named begins to be maintained for the child,

the local authority must amend the order accordingly.

Revocation of order at request of parent.

This section applies where a school attendance order is in force in respect of a child.

If at any time the parent applies to the local authority requesting that the order be revoked on the ground that arrangements have been made for the child to receive suitable education otherwise than at school, the authority shall comply with the request, unless they are of the opinion that no satisfactory arrangements have been made for the education of the child otherwise than at school.

If a parent is aggrieved by a refusal of the local authority to comply with a request under subsection (2), he may refer the question to the Secretary of State.

Where a question is referred to the Secretary of State under subsection (3), he shall give such direction determining the question as he thinks fit.

Where the child in question is one for whom the authority maintain an EHC plan (in the case of a local authority in England) or a statement under section 324 (in the case of a local authority in Wales)—

subsections (2) to (4) do not apply if the name of a school or other institution is specified in the EHC plan or the statement, and

in any other case a direction under subsection (4) may require the authority to make such amendments in the plan or the statement as the Secretary of State considers necessary or expedient in consequence of his determination.

Where, in the case of a local authority in Wales, the child in question is one for whom an individual development plan is maintained by the authority or by another local authority—

subsections (2) to (4) do not apply if a school or other institution is named in the individual development plan, and

in any other case a direction under subsection (4) may require the authority maintaining the individual development plan to make such amendments to the plan as is considered necessary or expedient in consequence of the determination.

School attendance: offences and education supervision orders

Offence: failure to comply with school attendance order.

If a parent on whom a school attendance order is served fails to comply with the requirements of the order, he is guilty of an offence, unless he proves that he is causing the child to receive suitable education otherwise than at school.

If, in proceedings for an offence under this section, the parent is acquitted, the court may direct that the school attendance order shall cease to be in force.

A direction under subsection (2) does not affect the duty of the local authority to take further action under section 437 if at any time the authority are of the opinion that, having regard to any change of circumstances, it is expedient to do so.

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Offence: failure to secure regular attendance at school of registered pupil.

If a child of compulsory school age who is a registered pupil at a school fails to attend regularly at the school, his parent is guilty of an offence.

If in the circumstances mentioned in subsection (1) the parent knows that his child is failing to attend regularly at the school and fails ... to cause him to do so, he is guilty of an offence.

It is a defence for a person charged with an offence under subsection (1A) to prove that he had a reasonable justification for his failure to cause the child to attend regularly at the school.

Subsections (2A) to (6) below apply in proceedings for an offence under this section in respect of a child who is not a boarder at the school at which he is a registered pupil.

The child shall not be taken to have failed to attend regularly at the school by reason of his absence from the school at any time if the parent proves that at that time the child was prevented from attending by reason of sickness or any unavoidable cause.

The child shall not be taken to have failed to attend regularly at the school by reason of his absence from the school—

with leave, or

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

on any day exclusively set apart for religious observance by the religious body to which his parent belongs.

Subsections (3B) and (3D) apply where the child's home is in England.

The child shall not be taken to have failed to attend regularly at the school if the parent proves that—

the local authority have a duty to make travel arrangements in relation to the child under section 508B(1) for the purpose of facilitating the child's attendance at the school and have failed to discharge that duty, or

the local authority have a duty to make travel arrangements in relation to the child by virtue of subsection (2)(c) of section 508E (school travel schemes) for the purpose of facilitating the child's attendance at the school and have failed to discharge that duty.

For the purposes of subsection (3B)—

the reference to “travel arrangements” in paragraph (a) has the same meaning as in section 508B, and

the reference to “travel arrangements” in paragraph (b) has the same meaning as in paragraph 3 of Schedule 35C.

Where the school is an independent school which is not a qualifying school, the child shall not be taken to have failed to attend regularly at the school if the parent proves—

that the school is not within walking distance of the child's home,

that no suitable arrangements have been made by the local authority for boarding accommodation for him at or near the school, and

that no suitable arrangements have been made by the local authority for enabling him to become a registered pupil at a qualifying school nearer to his home.

For the purposes of subsection (3D), “qualifying school” has the same meaning as it has for the purposes of Schedule 35B (meaning of “eligible child” for the purposes of section 508B).

Subsection (4) applies where the child's home is in Wales.

The child is not to be taken to have failed to attend regularly at the school if the parent proves that the local authority have failed to discharge—

a duty to make transport arrangements in relation to the child under section 3 of the Learner Travel (Wales) Measure 2008, or

a duty to make travel arrangements in relation to the child under section 4 of that Measure.

In subsection (3D) “walking distance”—

in relation to a child who is under the age of eight, means 3.218688 kilometres (two miles), and

in relation to a child who has attained the age of eight, means 4.828032 kilometres (three miles),

in each case measured by the nearest available route.

If it is proved that the child has no fixed abode, subsections (3B), (3D) and (4) shall not apply, but it is a defence for the parent to prove —

that he is engaged in a trade or business of such a nature as to require him to travel from place to place,

that the child has attended at a school as a registered pupil as regularly as the nature of that trade or business permits, and

if the child has attained the age of six, that he has made at least 200 attendances during the period of 12 months ending with the date on which the proceedings were instituted.

In proceedings for an offence under this section in respect of a child who is a boarder at the school at which he is a registered pupil, the child shall be taken to have failed to attend regularly at the school if he is absent from it without leave during any part of the school term unless the parent proves that at that time the child was prevented from being present by reason of sickness or any unavoidable cause.

Where—

a child of compulsory school age has been excluded for a fixed period on disciplinary grounds from a school in England which is—

a maintained school,

a pupil referral unit,

an Academy school,

an alternative provision Academy,

a city technology college, or

a city college for the technology of the arts,

he remains for the time being a registered pupil at the school,

the appropriate authority make arrangements for the provision of full-time education for him at the school during the period of exclusion, and

notice in writing of the arrangements has been given to the child's parent,

the exclusion does not affect the application of subsections (1) to (7) to the child's attendance at the school on any day to which the arrangements relate.

In subsection (7A)(c) “the appropriate authority” means—

in relation to a maintained school, the governing body of the school,

in relation to a pupil referral unit, the local authority, and

in relation to any school mentioned in subsection (7A)(a)(iii) to (v), the proprietor of the school.

A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

A person guilty of an offence under subsection (1A) is liable on summary conviction—

to a fine not exceeding level 4 on the standard scale, or

to imprisonment for a term not exceeding three months,

or both.

If, on the trial of an offence under subsection (1A), the court finds the defendant not guilty of that offence but is satisfied that he is guilty of an offence under subsection (1), the court may find him guilty of that offence.

In this section “leave”, in relation to a school, means leave granted by any person authorised to do so by the governing body or proprietor of the school.

Application of section 444 to alternative educational provision

Where, in the case of a child of compulsory school age who is not a registered pupil at any school—

a local authority has made arrangements under section 19 for the provision of education for him otherwise than at a school or at his home, and

notice in writing of the arrangements has been given to the child's parent,

subsections (1) to (7) of section 444 have effect as if the place at which the education is provided were a school and the child were a registered pupil at that school.

Where—

a child of compulsory school age has been excluded for a fixed period on disciplinary grounds from a relevant school in England,

the child remains for the time being a registered pupil at the school,

the appropriate authority for the school has made arrangements under section 19 above or section 100 of the Education and Inspections Act 2006 for the provision of full-time education for the child otherwise than at the school or at the child's home during the period of exclusion, and

notice in writing of the arrangements has been given to the child's parent,

subsections (1) to (7) of section 444 have effect during that period as if the child were not a registered pupil at the school and as if the place at which the education is provided were a school and the child were a registered pupil at that school (so far as that would not otherwise be the case).

Where—

a child of compulsory school age who is a registered pupil at a relevant school in England is required by the appropriate authority for the school to attend at a place outside the school premises for the purpose of receiving any educational provision, and

notice in writing of the requirement has been given to the child's parent,

subsections (1) to (7) of section 444 have effect as if the place at which the child is required to attend were a school and the child were a registered pupil at that school (in addition to being a registered pupil at the school mentioned in paragraph (a)).

Subsection (1B) does not apply if—

the place at which the child is required to attend is another relevant school (whether in England or elsewhere), and

the child is a registered pupil at that other school.

In relation to a maintained school , a pupil referral unit or an Academy—

references in subsection (1A) to exclusion are references to exclusion under section 51A of the Education Act 2002, and

the requirement referred to in subsection (1B) is a requirement imposed under section 29(3) or 29A(1) of that Act,

For provision about the application of sections 29A and 51A of the Education Act 2002 in relation to Academies, see sections 29A(5) and 51A(12) of that Act.

Where—

a child of compulsory school age has been excluded from a relevant school in Wales,

he remains for the time being a registered pupil at the school,

he is required by the appropriate authority for the school to attend at a place outside the school premises for the purpose of receiving any instruction or training, and

notice in writing of the requirement has been given to the child's parent,

subsections (1) to (7) of section 444 have effect as if the place at which the child is required to attend were a school and the child were a registered pupil at that school (and not at the school mentioned in paragraph (b)).

In relation to a maintained school or a pupil referral unit—

the reference in subsection (2)(a) to exclusion is a reference to exclusion under section 52 of the Education Act 2002, and

the requirement referred to in subsection (2)(c) is a requirement imposed under section 29(3) of that Act.

A child shall not be taken to have failed to attend regularly—

in a case falling within subsection (1) or (1A), at the place at which education is provided for him, or

in a case falling within subsection (1B) or (2), at the place at which he is required to attend,

unless he has failed to attend regularly since the giving of the notice mentioned in subsection (1)(b), (1A)(d), (1B)(b) or (2)(d).

Section 572, which provides for the methods by which notices may be served under this Act, does not preclude the notice mentioned in subsection (1)(b), (1A)(d), (1B)(b) or (2)(d) from being given to a child's parent by any other effective method.

In proceedings for an offence under section 444 in a case falling within subsection (1) or (1A) of this section, it is a defence for the parent to prove that the child is receiving suitable education otherwise than by regular attendance at a school or at the place mentioned in subsection (1) or (1A).

In section 444 “leave”—

in relation to a place at which education is provided as mentioned in subsection (1) of this section, means leave granted by any person authorised to do so by the local authority;

in relation to a place at which education is provided as mentioned in subsection (1B)(a) or (1A) of this section, means leave granted by any person authorised to do so by the appropriate authority for the school;

in relation to a place at which a child is required to attend as mentioned in subsection (1B)(a) or (2)(c) of this section, means leave granted by any person authorised to do so by the appropriate authority for the school.

In this section—

“relevant school” means—

a maintained school,

a pupil referral unit,

an Academy school,

an alternative provision Academy,

a city technology college, or

a city college for the technology of the arts;

“appropriate authority” means—

in relation to a maintained school, the governing body,

in relation to a pupil referral unit, the local authority, and

in relation to a school falling within paragraph (a)(iii),(iiia), (iv) or (v), the proprietor of the school.

Penalty notice in respect of failure to secure regular attendance at school of registered pupil

Where an authorised officer has reason to believe—

that a person has committed an offence under section 444(1), and

that the offence relates—

to a relevant school ...

in a case falling within subsection (1) of section 444ZA, to a place at which education is provided by a local authority ...

in a case falling within subsection (1A) of that section, to a place at which education is provided for a child in the circumstances mentioned in that subsection, or

in a case falling within subsection (1B) of that section, to a place at which a child is required to attend in the circumstances mentioned in that subsection,

he may give the person a penalty notice in respect of the offence.

A penalty notice is a notice offering a person the opportunity of discharging any liability to conviction for the offence under section 444(1) to which the notice relates by payment of a penalty in accordance with the notice.

Where a person is given a penalty notice, proceedings for the offence to which the notice relates (or an offence under section 444(1A) arising out of the same circumstances) may not be instituted before the end of such period as may be prescribed.

Where a person is given a penalty notice, he cannot be convicted of the offence to which the notice relates (or an offence under section 444(1A) arising out of the same circumstances) if he pays a penalty in accordance with the notice.

Penalties under this section shall be payable to local authorities ...

Sums received by a local authority under this section may be used by the authority for the purposes of any of its functions which may be specified in regulations but, to the extent that they are not so used, must be paid in accordance with regulations to the Secretary of State.

Penalty notices: supplemental

Regulations may make—

provision as to the form and content of penalty notices,

provision as to the monetary amount of any penalty and the time by which it is to be paid,

provision for determining the local authority to which a penalty is payable,

provision as to the methods by which penalties may be paid,

provision as to the records which are to be kept in relation to penalty notices,

provision as to the persons who may be authorised by a local authority or a head teacher to give penalty notices,

provision limiting the circumstances in which authorised officers of a prescribed description may give penalty notices,

provision for or in connection with the withdrawal, in prescribed circumstances, of a penalty notice, including—

repayment of any amount paid by way of penalty under a penalty notice which is withdrawn, and

prohibition of the institution or continuation of proceedings for the offence to which the withdrawn notice relates (and any offence under section 444(1A) arising out of the same circumstances),

provision for a certificate—

purporting to be signed by or on behalf of a prescribed person, and

stating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate,

to be received in evidence of the matters so stated,

provision as to the action to be taken if a penalty is not paid in accordance with a penalty notice,

provision for or in connection with the preparation of codes of conduct in relation to the giving of penalty notices,

such other provision in relation to penalties or penalty notices as the Secretary of State thinks necessary or expedient.

Without prejudice to the generality of subsection (1) or section 569(4), regulations under subsection (1)(b) may make provision for penalties of different amounts to be payable in different cases or circumstances (including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid).

Local authorities, head teachers and authorised officers shall, in carrying out their functions in relation to penalty notices, have regard to any guidance which is published by the Secretary of State from time to time in relation to penalty notices.

In this section and section 444A—

“authorised officer” means—

a constable,

an officer of a local authority ... who is authorised by the authority to give penalty notices, or

an authorised staff member,

“authorised staff member” means—

a head teacher of a relevant school ..., or

a member of the staff of a relevant school ... who is authorised by the head teacher of the school to give penalty notices,

“penalty” means a penalty under a penalty notice,

“penalty notice” has the meaning given by section 444A(2),

“relevant school” means—

a maintained school,

a pupil referral unit,

an Academy school,

an alternative provision Academy,

a city technology college, or

a city college for the technology of the arts.

Presumption of age.

This section applies for the purposes of any proceedings for an offence under section 443 or 444.

In so far as it is material, the child in question shall be presumed to have been of compulsory school age at any time unless the parent proves the contrary.

Where a court is obliged by virtue of subsection (2) to presume a child to have been of compulsory school age, section 565(1) (provisions as to evidence) does not apply.

Institution of proceedings.

Proceedings for an offence under section 443 or 444 shall not be instituted except by a local authority.

Education supervision orders.

Before instituting proceedings for an offence under section 443 or 444, a local authority shall consider whether it would be appropriate (instead of or as well as instituting the proceedings) to apply for an education supervision order with respect to the child.

The court—

by which a person is convicted of an offence under section 443, or

before which a person is charged with an offence under section 444,

may direct the local authority instituting the proceedings to apply for an education supervision order with respect to the child unless the authority ... decide that the child’s welfare will be satisfactorily safeguarded even though no education supervision order is made.

A local authority may not make a decision as mentioned in subsection (2) unless—

they are the appropriate local authority, or

they have consulted that authority.

Where, following a direction under subsection (2), a local authority decide not to apply for an education supervision order, they shall inform the court of the reasons for their decision.

Unless the court has directed otherwise, the information required under subsection (3) shall be given to the court before the end of the period of eight weeks beginning with the date on which the direction was given.

Where—

a local authority apply for an education supervision order with respect to a child who is the subject of a school attendance order, and

the court decides that section 36(3) of the Children Act 1989 (education supervision orders) prevents it from making the order,

the court may direct that the school attendance order shall cease to be in force.

In this section—

“the appropriate local authority” has the same meaning as in section 36(9) of the Children Act 1989, and

“education supervision order” means an education supervision order under that Act.

Exemption

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Charges in connection with education at maintained schools

Preliminary

Meaning of “maintained school” in Chapter III.

In this Chapter “maintained school” means any school maintained by a local authority .

Prohibition of charges

Prohibition of charges for admission.

No charge shall be made in respect of admission to a maintained school.

Subsection (1) does not apply to the admission of any person to any maintained school for the purpose of—

part-time education suitable to the requirements of persons of any age over compulsory school age;

full-time education suitable to the requirements of persons who have attained the age of 19; or

training for members of the school workforce.

In subsection (2)(c), the reference to training for members of the school workforce is to be read in accordance with sections 96(1) and 100 of the Education Act 2005.

Prohibition of charges for provision of education.

... This section applies in relation to education provided at any maintained school for a registered pupil at the school.

Where the education is provided for the pupil during school hours no charge shall be made in respect of it.

Regulations may, in relation to England, prescribe circumstances in which subsection (2) does not apply in relation to education which is early years provision (as defined by section 20 of the Childcare Act 2006) other than —

early years provision provided in pursuance of the duty imposed by section 7 of that Act, ...

early years provision for a pupil who is of compulsory school age. or

early years provision 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).

Subsection (2) does not apply in relation to tuition in playing a musical instrument where the tuition is provided either individually or to a group of not more than four pupils, unless the tuition is—

required as part of a syllabus for a prescribed public examination which is a syllabus for which the pupil is being prepared at the school, or

provided in pursuance of a duty imposed by or under the Curriculum and Assessment (Wales) Act 2021.

Regulations may prescribe circumstances in which subsection (2) does not apply in relation to tuition in singing or in playing a musical instrument.

Where the education is provided for the pupil outside school hours no charge shall be made in respect of it if it is—

required as part of a syllabus for a prescribed public examination which is a syllabus for which the pupil is being prepared at the school, or

provided in pursuance of a duty imposed by section 88 or 109 of the Education Act 2002 or section 69 of the School Standards and Framework Act 1998 or

provided in pursuance of the duty imposed by section 7 of the Childcare Act 2006 , or

provided in pursuance of a duty imposed by or under the Curriculum and Assessment (Wales) Act 2021.

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Application of section 451 where education is provided partly during and partly outside school hours etc.

Where a period allowed for any educational activity at a maintained school falls partly during school hours and partly outside school hours, then—

if 50 per cent. or more of the time occupied by that period together with any connected school travelling time falls during school hours, so much of the education provided during that period as is provided outside school hours shall be treated for the purposes of section 451 as provided during school hours, and

in any other case, so much of the education provided during that period as is provided during school hours shall be treated for those purposes as provided outside school hours.

In subsection (1) “connected school travelling time” means time spent during school hours by the pupils taking part in the educational activity concerned in getting to or from the place where the activity takes place.

Where any education provided at a maintained school is provided on a residential trip, then—

if the number of school sessions taken up by the trip is equal to or greater than 50 per cent. of the number of half days spent on the trip, any education provided on the trip which is provided outside school hours shall be treated for the purposes of section 451 as provided during school hours, and

in any other case, any education provided on the trip which is provided during school hours shall be treated for those purposes as provided outside school hours.

In this section “half day” means any period of 12 hours ending with noon or midnight on any day.

For the purposes of subsection (3)—

where 50 per cent. or more of a half day is spent on a residential trip, the whole of that half day shall be treated as spent on the trip, and

a school session on any day on which such a session takes place at the school concerned shall be treated as taken up by a residential trip if the time spent on the trip occupies 50 per cent. or more of the time allowed for that session at the school.

Nothing in section 451 shall be read as prohibiting the making of a charge in respect of board and lodging provided for a registered pupil at a maintained school on a residential trip.

Examinations: prohibition of charges and recovery of wasted fees.

No charge shall be made in respect of the entry of a registered pupil at a maintained school for a prescribed public examination in any syllabus for that examination for which the pupil has been prepared at the school.

Despite subsection (1), where—

the governing body of a maintained school or the local authority have paid or are liable to pay a fee in respect of the entry of a registered pupil at the school for a public examination in any syllabus for that examination, and

the pupil fails without good reason to meet any examination requirement for that syllabus,

that body or authority may recover the amount of the fee from the pupil’s parent.

It shall be for the body or authority who have paid or are liable to pay the fee in question to determine for the purposes of this section any question whether a pupil who has failed to meet an examination requirement had good reason for the failure.

Prohibition of incidental charges.

Neither the parent of a registered pupil at a maintained school nor the pupil himself shall be required to pay for or supply any materials, books, instruments or other equipment for use for the purposes of or in connection with—

education provided for the pupil at the school in respect of which, by virtue of section 451, no charge may be made, or

a syllabus for a prescribed public examination which is a syllabus for which the pupil has been prepared at the school.

Nothing in subsection (1) shall prevent the parent of a pupil from being required to pay for or supply any materials for use for the purposes of the production, in the course of the provision of education for the pupil at the school, of any article incorporating those materials, where the parent has indicated before that requirement is made that he wishes the article to be owned by him or by the pupil.

No charge shall be made in respect of transport provided for a registered pupil at a maintained school where the transport is either—

incidental to education provided for the pupil at the school in respect of which, by virtue of section 451, no charge may be made, or

provided for the purpose of enabling him to meet any examination requirement for any syllabus for a prescribed public examination which is a syllabus for which he has been prepared at the school.

For the purposes of subsection (3)(a) transport is incidental to education provided for registered pupils at a school if it is provided for the purpose of carrying such pupils—

to or from any part of the school premises in which education is provided for those pupils, from or to any other part of those premises, or

to or from any place outside the school premises in which education is provided for those pupils under arrangements made by or on behalf of the governing body or the local authority, from or to the school premises or any other such place.

Permitted charges

Permitted charges.

Subject to subsection (2), a charge may be made in respect of—

education provided for a registered pupil at a maintained school other than education in respect of which, by virtue of section 451, no charge may be made,

the entry of a registered pupil at a maintained school for a public examination in any syllabus for that examination otherwise than in circumstances in which, by virtue of section 453(1), no charge may be made,

travel arrangements provided under section 6 of the Learner Travel (Wales) Measure 2008 (“the Measure”) for a registered pupil at a maintained school in Wales, other than arrangements in respect of which, by virtue of section 454(3) of this Act or sections 3 or 4 of the Measure, no charge may be made,

transport provided for a registered pupil at a maintained school in England other than transport in respect of which, by virtue of section 454(3) or 508B(1), 508F(3) ..., or section 508E(2)(d) and paragraph 5(2) of Schedule 35C, , no charge may be made, and

board and lodging provided for a registered pupil at a maintained school on a residential trip.

A charge may not be made—

by virtue of subsection (1)(a) in respect of the provision for a pupil of education,

by virtue of subsection (1)(b) in respect of the entry of a pupil for an examination in any syllabus for that examination, ...

by virtue of subsection (1)(ba) in respect of the provision for a pupil of travel arrangements, or

by virtue of subsection (1)(c) in respect of the provision for a pupil of transport,

unless the education is provided, the pupil is entered for the examination in that syllabus, or the transport is provided, by agreement with the pupil’s parent.

Any education, examination entry travel arrangements, or transport in respect of which a charge may be made by virtue of subsection (1) is referred to in this Chapter as an “optional extra”.

Regulation of permitted charges.

This section applies in relation to any charge permitted under section 455 . . .; and a charge to which this section applies is referred to in this section as a “regulated charge”.

The amount of any regulated charge shall be payable by the parent of the pupil concerned.

A regulated charge , except any charge permitted by virtue of section 455(1)(ba), shall not exceed the cost of the provision of the optional extra or the board and lodging in question.

Without prejudice to the generality of subsection (3), the cost of the provision of an optional extra includes costs, or an appropriate proportion of the costs—

incurred in respect of the provision of any materials, books, instruments or other equipment used for the purposes of or in connection with the provision of the optional extra, or

attributable to the provision of the buildings and accommodation used in connection with the provision of the optional extra, or

attributable to the provision of non-teaching staff for any purpose connected with the provision of the optional extra, or

attributable to the provision of teaching staff engaged under contracts for services for the purpose of providing it.

Subject to subsections (6) and (6A) , the cost of the provision of an optional extra shall not be taken to include any costs attributable to the provision of teaching staff other than staff engaged as mentioned in subsection (4)(c).

Where the optional extra in question consists of tuition in singing or in playing a musical instrument, the cost of its provision shall include costs, or an appropriate proportion of the costs, attributable to the provision of teaching staff employed for the purpose of providing the tuition.

Where the optional extra in question consists of education which is early years provision (as defined by section 20 of the Childcare Act 2006), the cost of its provision includes the costs, or an appropriate proportion of the costs, attributable to the provision of teaching staff employed for the purpose of providing the education.

Where charging is permitted under section 455 and the charge would be a regulated charge, the question whether any charge should be made, and the amount of any charge to be made, shall be determined—

in a case where the cost of the provision of the optional extra or board and lodging in question is met by or from funds at the disposal of the governing body, by the governing body, and

in any other case, by the local authority.

The whole or any part of the amount of any charge which the local authority determine under subsection (7)(b) to make—

shall, if the governing body so determine, be met by or from funds at the disposal of the governing body, and

to the extent that it is so met, shall not be payable by the parent of the pupil concerned.

Charges and remissions policies.

Every governing body of a maintained school and every local authority shall determine and keep under review a policy with respect to—

the provision of, and

the classes or descriptions of case in which they propose to make charges for,

any optional extra or board and lodging in respect of which charges are permitted by section 455.

. . .

No such body or authority shall make such a charge unless they have both—

determined a policy under subsection (1)(b) (their “charging policy”), and

determined a policy (their “remissions policy”) setting out any circumstances in which they propose to remit (in whole or in part) any charge which would otherwise be payable to them in accordance with their charging policy.

A remissions policy determined by the governing body of a school . . . shall set out any circumstances in which the governing body propose to meet (in whole or in part) any charge payable to the local authority, in accordance with the authority’s charging policy, for an optional extra or board and lodging provided for a registered pupil at the school.

A remissions policy shall provide for complete remission of any charges otherwise payable in respect of board and lodging provided for a pupil on a residential trip if—

the education provided on the trip is education in respect of which, by virtue of section 451, no charge may be made, and

the pupil’s parent is—

in receipt of universal credit in such circumstances as may be prescribed for the purposes of this paragraph,

in receipt of income support,

in receipt of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995), or

in receipt of an income-related employment and support allowance,

in receipt of any other benefit or allowance, or entitled to any tax credit under the Tax Credits Act 2002 or element of such a tax credit, prescribed for the purposes of this paragraph, in such circumstances as may be so prescribed,

in respect of any period wholly or partly comprised in the time spent on the trip.

A remissions policy shall be kept under review by the governing body or local authority by whom it was determined.

Charges for board and lodging at boarding schools.

Subject to subsections (2) to (5) and section 49 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, where a registered pupil at a maintained school is provided at the school with board and lodging, there shall be payable in respect of the board and lodging by the parent of the pupil concerned, to the local authority, charges not exceeding the cost to the authority . . . of providing the board and lodging.

Where—

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the local authority for that pupil’s area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him,

then, where the school is maintained by the local authority for his area, that authority shall remit the whole of the charges payable under this section and, in any other case, that authority shall pay the whole of the charges payable under this section to the authority which maintain the school.

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Where the local authority for the pupil’s area are satisfied that payment of the full charges payable under this section would involve financial hardship to the parent of the pupil concerned, the authority—

in the case of charges payable to the authority, shall remit so much of those charges as falls in accordance with subsection (5) to be so remitted, and

in the case of charges payable to another local authority . . . in respect of board and lodging, shall pay so much of those charges as falls in accordance with subsection (5) to be so paid.

The amount that falls to be remitted or paid by a local authority by virtue of subsection (4)(a) or (b) is—

such part of the charges in question as the authority consider ought not to be paid by the pupil’s parent in order to avoid such hardship as is mentioned in subsection (4), or

the whole of those charges if, in their opinion, such hardship cannot otherwise be avoided.

In its application to a local authority in Wales, references in this section to special educational needs are to be interpreted as references to additional learning needs.

Supplementary

Provision of information.

such information relevant for the purposes of this Chapter as to the school hours at the school, and

such information as to the policies determined under section 457 which apply in relation to the school,

as may be prescribed.

Contributions and charges unaffected by Chapter III.

Nothing in this Chapter shall be read as prohibiting or in any way restricting or regulating any request or invitation by or on behalf of the governing body of a maintained school or a local authority for voluntary contributions for the benefit of the school or any school activities.

Any request or invitation made by or on behalf of such a body or authority for contributions for the benefit of a school or school activities shall not be regarded for the purposes of subsection (1) as a request or invitation for voluntary contributions unless it is clear from the terms in which it is made—

that there is no obligation to make any contribution, and

that registered pupils at the school will not be treated differently according to whether or not their parents have made any contribution in response to the request or invitation.

Nothing in this Chapter relating to charges in respect of a registered pupil at a maintained school shall be read as relating to—

charges made by persons other than the governing body or the local authority, or

charges to be paid by persons other than the parent of the pupil or the pupil himself.

Recovery of sums as civil debt.

Any sum payable under section 453(2), 455 or 458 by the parent of a registered pupil at a maintained school shall be recoverable summarily as a civil debt.

Interpretation of Chapter III.

In this Chapter—

“equipment” does not include clothing;

“examination requirement”, in relation to a syllabus for an examination, means a requirement which a pupil must meet in order to qualify for assessment for the purposes of determining his achievements in that examination in that syllabus.

In this Chapter “residential trip” means any trip—

which is arranged for registered pupils at a maintained school by or on behalf of the governing body or the local authority, and

which requires the pupils taking part to spend one or more nights away from their usual overnight accommodation.

For the purposes of this Chapter, a pupil shall be regarded as having been prepared at a school for a syllabus for a prescribed public examination if any part of the education provided with a view to preparing him for that examination in that syllabus has been provided for him at that school.

In this Chapter references to a public examination (or a prescribed public examination) are references to such an examination as it applies in relation to persons who are entered for a syllabus for that examination with a view to meeting the examination requirements for that syllabus so as to qualify for assessment for the purposes of determining their achievements in that examination on any particular occasion in any year when an assessment takes place.

For the purposes of subsection (4)—

“an assessment” means an assessment for the purposes of determining the achievements of persons entered for the examination in question; and

such an assessment is to be regarded as taking place on any occasion on which it is determined in relation to each person entered for any syllabus in that examination who has met the examination requirements for that syllabus—

whether he has passed or failed, and

if grades are assigned for the purposes of the examination, the grade to be assigned in his case.

Independent Schools

Preliminary

Alteration to definition of “independent school”

In this Act “independent school” means any school at which full-time education is provided for—

five or more pupils of compulsory school age, or

at least one pupil of that age for whom an EHC plan is maintained or for whom a statement is maintained under section 324 or an individual development plan is maintained, or who is looked after by a local authority (within the meaning of section 22 of the Children Act 1989 or section 74 of the Social Services and Well-being (Wales) Act 2014),

and which is not a school maintained by a local authority non-maintained special school.

For the purposes of subsection (1)(a) and (b) it is immaterial if full-time education is also provided at the school for pupils under or over compulsory school age.

Registration of independent schools

Registration

Separate registration for England and for Wales.

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Provisional and final registration of a school.

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Enforcement of registration: offences.

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Provision of information about registered and provisionally registered schools.

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School may be struck off for contravention of regulations about employment of teachers.

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Complaints about registered and provisionally registered schools

Notice of complaint by Secretary of State.

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Determination of complaint by an Independent Schools Tribunal.

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Determination of complaint by Secretary of State.

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Effect of personal disqualification.

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Enforcement of disqualification.

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Removal of disqualification: persons no longer unsuitable to work with children.

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Conditions for application under section 473A.

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Removal of disqualification: other cases.

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Duty of Registrar to comply with order for the deletion of a school from the register.

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Independent Schools Tribunals

Constitution and proceedings of Independent Schools Tribunals.

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Supplementary

Disqualification in Scotland.

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Offences: institution of proceedings and punishment.

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Assisted places at independent schools

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City colleges

Academies

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City colleges: financial provisions.

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City colleges and academies: special educational needs and additional learning needs.

This section applies in relation to any child falling within subsection (2) if the condition in subsection (3) is satisfied.

A child falls within this subsection if—

he is a child for whom an EHC plan or a statement under section 324 is maintained is maintained by a local authority in England, or for whom an individual development plan is maintained by a local authority in Wales, and

he attends (or proposes to attend) a school which is a city technology college, a city college for the technology of the arts or an Academy .

The condition in this subsection is satisfied if—

the EHC plan is maintained by a local authority in England, or

the statement is maintained by a local authority in Wales and the Welsh Ministers consent to the child being educated at the school.

The appropriate national authority may by regulations make provision for securing that arrangements are made—

for making the special educational provision specified in the plan or the statement the EHC plan, or for making the additional learning provision specified in the individual development plan (as the case may be);

for making any non-educational provision specified in the plan or the statement the EHC plan or the individual development plan.

Regulations under subsection (4) may require or authorise a local authority—

to make payments to the school in respect of the child, or

to provide any other assistance to the school in respect of the child.

No condition or requirement imposed by virtue of section 482(4)(a) is to prevent a local authority making payments or providing assistance by virtue of subsection (5).

In subsection (4) “the appropriate national authority” means—

in relation to a school in England, the Secretary of State;

in relation to a school in Wales, the Welsh Ministers.

This section does not apply to schools in Wales.

Grants and other financial matters

Grants

Education standards grants.

The National Assembly for Wales may pay grants, known as education standards grants, to local authorities in Wales in respect of eligible expenditure incurred or to be incurred by them.

In this section “eligible expenditure” means expenditure of any class or description for the time being specified in regulations, being expenditure for or in connection with educational purposes which it appears to the National Assembly for Wales that local authorities should be encouraged to incur in the interests of education in ... Wales.

The regulations shall provide that any education standards grant payable in pursuance of the regulations—

shall only be payable in respect of eligible expenditure incurred or to be incurred by a local authority in a financial year to the extent to which that expenditure is approved for that year by the National Assembly for Wales for the purposes of the regulations, and

shall be payable at such rate as may be specified in the regulations.

The regulations may provide for the time and manner of payment of any education standards grant.

The regulations may provide for expenditure incurred or to be incurred by any local authority in making payments, whether by way of maintenance, assistance or otherwise, to any body or persons who incur expenditure for or in connection with educational purposes (including another local authority) to be treated, in such circumstances as may be specified in the regulations, as eligible expenditure.

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Nothing in section 29(1) or 507 applies in relation to any function of the National Assembly for Wales under this section or under section 489 so far as it relates to regulations under this section; and nothing in sections 495 to 497 section 495 or in Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 applies in relation to any function arising by virtue of section 489 so far as it relates to such regulations.

Grants in aid of educational services or research.

Regulations shall make provision for the payment by the Secretary of State to persons other than local authorities of grants in respect of expenditure incurred or to be incurred by them—

for the purposes of, or in connection with, the provision (or proposed provision) of educational services, or

for the purposes of educational research.

Grants to bodies whose objects are promotion of learning or research.

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Grants for education in Welsh.

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Grants for education of travellers and displaced persons.

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Conditions as to payment of grants under sections 484 to 488.

Regulations made under any of sections 484 to 488 may provide—

for the payment of grant under the regulations to be dependent on the fulfilment of such conditions as may be determined by or in accordance with the regulations, and

for requiring persons to whom payments have been made under the regulations to comply with such requirements as may be so determined.

Conditions and requirements determined under subsection (1)(a) and (b) by or in accordance with regulations made under section 484 may include conditions and requirements obliging the local authority in question to delegate decisions about the spending of—

education standards grant, and

amounts allocated by the authority to meet eligible expenditure (within the meaning of that section) which is approved by the Secretary of State,

to such persons as may be determined by or in accordance with the regulations.

The Secretary of State may by order make such modifications of any trust deed or other instrument relating to or regulating any institution that—

provides or is concerned in the provision of educational services, or

is concerned in educational research,

as, after consultation with the persons responsible for the management of the institution, appear to him to be requisite to enable them to fulfil any condition or meet any requirement imposed by regulations under section 485.

Any modification made by an order under subsection (3) may be made to have permanent effect or to have effect for such period as may be specified in the order.

Grants in respect of special provision for ethnic minorities.

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Payment of fees etc.

Payment of school fees and expenses.

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Recoupment

Recoupment: adjustment between local authorities.

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Recoupment: cross-border provisions.

Regulations may make provision requiring or authorising payments of amounts determined by or under the regulations to be made by one authority to another where—

the authority receiving the payment makes, in such cases or circumstances as may be specified in the regulations, provision for education in respect of a person having such connection with the area of the paying authority as may be so specified, and

one of the authorities is a local authority and the other an education authority in Scotland.

Subsection (3) of section 207 of the Education Act 2002 (recoupment: adjustment between local authorities) shall apply for the purposes of this section as it applies for the purposes of that section, but with the omission of the reference to the National Assembly for Wales.

The regulations may provide for the amounts payable by one authority to another, in such cases as may be specified by or under the regulations, to be such amounts as may be determined by the Secretary of State.

Any question concerning the connection of any person with the area of a particular local authority or education authority shall be decided in accordance with the regulations.

In subsection (1) “provision for education” includes provision of any benefits or services for which provision is made by or under this Act or any other enactment relating to education.

Recoupment: excluded pupils.

Subsection (2) applies where a pupil is permanently excluded from any school maintained by a local authority (“the old authority”) and, in the funding period in which the exclusion first takes effect, he is subsequently provided with education by another local authority (“the new authority”), whether at a school maintained by that authority or otherwise than at school.

The old authority shall pay to the new authority, in connection with the provision of education for that pupil in that funding period , such amount, if any, as is payable in accordance with regulations.

Where a pupil is permanently excluded from any school maintained by a local authority and, in the funding period in which the exclusion first takes effect, the following events subsequently occur—

he is first provided by another local authority (“the intermediate authority”) with education in a pupil referral unit or otherwise than at school, and

at any time afterwards he is provided with education by a local authority other than the intermediate authority (“the last authority”), whether at a school maintained by that authority or otherwise than at school,

then, in connection with the provision of the education mentioned in paragraph (b), subsection (2) shall apply to the intermediate authority and the last authority as if they were an old authority and a new authority respectively.

Any dispute as to whether any local authority are entitled to be paid any amount under this section by any other such authority shall be determined by the Secretary of State.

Regulations may prescribe the time when the permanent exclusion of a pupil is to be regarded as taking effect for the purposes of this section.

In this section “funding period” has the meaning given by section 45(1B) of the School Standards and Framework Act 1998.

Ancillary functions

Ancillary functions of Secretary of State

General functions

Determination of disputes.

Except where this Act expressly provides otherwise, any dispute between a local authority and the governing body of a school as to the exercise of any power conferred or the performance of any duty imposed by or under this Act may be referred to the Secretary of State (despite any enactment which makes the exercise of the power or the performance of the duty contingent upon the opinion of the authority or of the governing body).

The Secretary of State shall determine any dispute referred to him under subsection (1).

Any dispute between two or more local authorities as to which of them is responsible for the provision of education for any pupil shall be determined by the Secretary of State.

Power to prevent unreasonable exercise of functions.

If the Secretary of State is satisfied (either on a complaint by any person or otherwise) that a body to which this section applies have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under this Act, he may give such directions as to the exercise of the power or the performance of the duty as appear to him to be expedient (and may do so despite any enactment which makes the exercise of the power or the performance of the duty contingent upon the opinion of the body).

The bodies to which this section applies are—

any local authority in England, and

the governing body of any community, foundation or voluntary school in England, of any community or foundation special school in England, or of any maintained nursery school in England.

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This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).

General default powers.

If the Secretary of State is satisfied (either on a complaint by any person interested or otherwise) that a body to which this section applies have failed to discharge any duty imposed on them by or for the purposes of this Act, he may make an order—

declaring the body to be in default in respect of that duty, and

giving such directions for the purpose of enforcing the performance of the duty as appear to him to be expedient.

The bodies to which this section applies are—

any local authority in England, and

the governing body of any community, foundation or voluntary school in England, of any community or foundation special school in England, or of any maintained nursery school in England.

Any directions given under subsection (1)(b) shall be enforceable, on an application made on behalf of the Secretary of State, by an order of mandamus.

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This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).

Power to secure proper performance of local authority’s education functions .

This section applies to a local authority’s education functions the education functions of a local authority in England .

If the Secretary of State is satisfied (either on a complaint by any person interested or otherwise) that a local authority are failing in any respect to perform any function to which this section applies to an adequate standard (or at all), he may exercise his powers under subsection ((4), (4A) or (4B)).

The Secretary of State may also exercise his powers under subsection (4), (4A) or (4B) where—

he has given a previous direction under subsection (4), (4A) or (4B) in relation to a local authority in respect of any function towhich this section applies, and

he is satisfied that it is likely that if no further direction were given under subsection (4), (4A) or (4B) on the expiry or revocation of theprevious direction the authority would fail in any respect to perform that function to an adequate standard (or at all).

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The Secretary of State may under this subsection give the authority or an officer of the authority such directions as the Secretary of State thinks expedient for the purpose of securing that the function is performed on behalf of the authority by such person as is specified in the direction; and such directions may require that any contract or other arrangement made by the authority with that person contains such terms and conditions as may be so specified.

The Secretary of State may under this subsection direct that the function shall be exercised by the Secretary of State or a person nominated by him and that the authorityshall comply with any instructions of the Secretary of State or his nominee in relation to the exercise of the function.

So far as is appropriate in consequence of a direction given under subsection (4A), a reference (however expressed) in an enactment, instrument or other document to a local authority is to be read as a reference to the person by whom the function is exercisable.

Subsection (4AC) applies if a direction given under subsection (4A) expires or is revoked without being replaced.

So far as is appropriate in consequence of the expiry or revocation, a reference (however expressed) in an instrument or other document to the person by whom the function was exercisable is to be read as a reference to the local authority to which the direction was given.

The Secretary of State may under this subsection (whether or not he exercises the power conferred by subsection (4) or (4A) in relation to anyfunction) give the authority or an officer of the authority such other directions as the Secretary of State thinks expedient for the purpose of securing that the function isperformed to an adequate standard.

Where the Secretary of State considers it expedient that—

in the case of directions given under subsection (4), the person specified in the directions, or

in the case of directions given under subsection (4A), the Secretary of State or a person nominated by him,

should perform other functions to which this section applies in addition to the function to which subsection (2) or (2A) applies, the directions undersubsection (4) or (4A) may relate to the performance of those other functions as well; and in considering whether it is expedient that that person shouldperform any such additional functions, the Secretary of State may have regard to financial considerations.

Any direction under this section may either—

have effect for an indefinite period until revoked by the Secretary of State, or

have effect for a period specified in the direction unless revoked earlier by the Secretary of State.

Any direction given under subsection (4), (4A) or (4B) shall be enforceable, on an application made on behalf of the Secretary of State, by an order of mandamus.

This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).

Power to secure proper performance: duty of authority where directions contemplated

Where, in relation to any function to which section 497A applies, the Secretary of State—

is satisfied as mentioned in subsection (2) or (2A)(b) of that section, and

has notified the local authority that he is so satisfied and that he is contemplating the giving of directions under subsection (4) or (4A) of that section,

the authority shall give the Secretary of State, and any person authorised by him for the purposes of this section, all such assistance, in connection with the proposed exercise of the function by the Secretary of State or another person in pursuance of directions, as they are reasonably able to give.

Power to secure proper performance: further provisions.

Where the Secretary of State gives directions under section 497A(4) or (4A) to a local authority or to an officer of such an authority, the specified person shall, in the performance of the function or functions specified in the directions, be entitled to exercise the powers conferred by this section.

In this section “the specified person” means—

in relation to directions under section 497A(4), the person specified in the directions, and

in relation to directions under section 497A(4A), the Secretary of State or the person nominated by him.

The specified person shall have at all reasonable times—

a right of entry to the premises of the authority, and

a right to inspect, and take copies of, any records or other documents kept by the authority, and any other documents containing information relating to the authority, which he considers relevant to the performance of the specified function or functions.

In exercising the right to inspect records or other documents under subsection (2), the specified person—

shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records or other documents in question, and

may require—

the person by whom or on whose behalf the computer is or has been so used, or

any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

to afford him such assistance as he may reasonably require (including, in particular, the making of information available for inspection or copying in a legible form).

Without prejudice to subsection (2), the authority shall give the specified person all assistance in connection with the performance of the specified function or functions which they are reasonably able to give.

Subsection (2) shall apply in relation to any school maintained by the authority as it applies in relation to the authority; and without prejudice to that subsection (as it so applies)—

the governing body of any such school shall give the specified person all assistance in connection with the exercise of his functions which they are reasonably able to give; and

the governing body of any such school and the authority shall secure that all such assistance is also given by persons who work at the school.

Any reference in this section to the specified person includes a reference to any person assisting him in the performance of the specified function or functions.

In this section “document” and “records” each include information recorded in any form.

Academies: power to secure performance of proprietor’s duties

If the Secretary of State is satisfied that the proprietor of an Academy has breached a duty imposed by Academy arrangements, the Secretary of State may give the proprietor such directions as the Secretary of State considers appropriate to secure the proper performance of the duty.

Subsection (3) applies (instead of section 572) to the giving of a direction under this section.

The Secretary of State may give a direction under this section to the proprietor of an Academy by—

delivering it by hand to the proprietor,

leaving it at or sending it by post to any address at which the Secretary of State believes, on reasonable grounds, that the notice will come to the attention of the proprietor, or

sending it to any email address by means of which the Secretary of State believes, on reasonable grounds, that the notice will come to the attention of the proprietor.

A direction under this section is enforceable, on the application of the Secretary of State, by a mandatory order.

In this section, a reference to an Academy includes a reference to a city technology college and a city college for the technology of the arts.

Appointment of governors, etc.

Powers where no properly constituted governing body.

Where it appears to the Secretary of State that, by reason of the default of any person, there is no properly constituted governing body of a school to which this section applies, the Secretary of State—

may make such appointments and give such directions as he thinks desirable for the purpose of securing that there is a properly constituted governing body of that school, and

may give directions rendering valid any acts or proceedings which in his opinion are invalid or otherwise defective by reason of the default.

This section applies to any community, foundation or voluntary school or any community or foundation special school.

Membership of education committees

Power to direct appointment of members of education committees.

Subsection (2) applies to any local authorities which in accordance with section 102(1) of the Local Government Act 1972 have appointed any committees wholly or partly for the purpose of discharging any of their education functions .

The Secretary of State may by directions to any local authorities to which this subsection applies require—

every such committee, or

any such committee of a description specified in the direction,

to include persons appointed, in accordance with the directions, for securing the representation on the committee of persons who appoint foundation governors for voluntary schools in the area for which the committee acts.

Subsection (4) applies to any two or more local authorities which in accordance with section 102(1) of the Local Government Act 1972 have appointed any committees wholly or partly for the purpose of discharging any of their education functions .

The Secretary of State may by directions to any local authorities to which this subsection applies require—

every such committee, or

any such committee of a description specified in the direction,

The power of the Secretary of State to give directions under subsection (2) or (4) shall be exercisable in relation to any sub-committees which—

are appointed by the authorities concerned or any such committee as is mentioned in that subsection, and

are so appointed wholly or partly for the purpose of discharging the authorities’ education functions,

as it is exercisable in relation to the committees themselves.

Regulations may require—

any such committee as is mentioned in subsection (1) or (3), and

any sub-committee appointed by any authorities within subsection (1) or (3), or by any committee within paragraph (a) of this subsection, for the purpose mentioned in subsection (5)(b),

to include one or more persons elected, in accordance with the regulations, as representatives of parent governors at maintained schools in relation to which the committee or sub-committee acts.

Regulations may make provision for—

the number of persons who are to be elected for the purposes of subsection (6) in the case of any local authority;

the procedure to be followed in connection with the election of such persons and the persons who are entitled to vote at such an election;

the circumstances in which persons are qualified or disqualified for being so elected or for holding office once elected;

the term of office of persons so elected and their voting rights;

the application to any such committee or sub-committee, with or without any modification, of any provision made by or under any other enactment and relating to committees or (as the case may be) sub-committees of a local authority;

such other matters connected with such elections or persons so elected as the Secretary of State considers appropriate.

Regulations may also make provision—

enabling the Secretary of State to determine, where he considers it expedient to do so in view of the small number of maintained schools in relation to which a committee or sub-committee acts, that the requirement imposed on the committee or sub-committee by virtue of subsection (6) is to have effect as if it referred to representatives of parents of registered pupils (rather than representatives of parent governors) at those schools;

for any regulations under subsection (7) to have effect, where the Secretary of State makes any such determination, with such modifications as may be prescribed.

In subsections (6) and (8)—

“maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school, and

“parent governor” means a governor elected or appointed as a parent governor under regulations made under section 19 of the Education Act 2002 (governing bodies).

Rationalisation of school places

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Medical examinations

Power to require medical examination of pupils.

Where—

a question is referred to the Secretary of State under section 442(3) or 495, and

in his opinion the examination of any pupil by a registered medical practitioner appointed by him for the purpose would assist in determining the question,

he may serve a notice on the parent of that pupil requiring the parent to present the pupil for examination by such a practitioner.

Any parent who without reasonable excuse fails to comply with any requirements of a notice served on him under subsection (1) is guilty of an offence.

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Local inquiries

Power to direct local inquiries.

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Ancillary functions of local authorities

Provision of services

Local authorities in England: functions in respect of recreational and training facilities for children under 13

A local authority in England must secure that the facilities for primary and secondary education provided for their area include adequate facilities for recreation and social and physical training for children who have not attained the age of 13.

For the purposes of subsection (1) a local authority may—

establish, maintain and manage, or assist the establishment, maintenance and management of—

camps, holiday classes, playing fields, play centres, and

other places, including playgrounds, gymnasiums and swimming baths not appropriated to any school or other educational institution,

at which facilities for recreation and social and physical training are available for persons receiving primary or secondary education;

organise games, expeditions and other activities for such persons; and

defray, or contribute towards, the expenses of such games, expeditions and other activities.

When making arrangements for the provision of facilities or the organisation of activities in the exercise of their powers under subsection (2), a local authority must, in particular, have regard to the expediency of co-operating with any voluntary societies or bodies whose objects include the provision of facilities or the organisation of activities of a similar character.

Local authorities in England: functions in respect of leisure-time activities etc for persons aged 13 to 19 and certain persons aged 20 to 24

A local authority in England must, so far as reasonably practicable, secure for qualifying young persons in the authority's area access to—

sufficient educational leisure-time activities which are for the improvement of their well-being, and sufficient facilities for such activities; and

sufficient recreational leisure-time activities which are for the improvement of their well-being, and sufficient facilities for such activities.

“Qualifying young persons”, for the purposes of this section, are—

persons who have attained the age of 13 but not the age of 20; and

persons who have attained the age of 20 but not the age of 25 and have a learning difficulty or disability (within the meaning of section 15ZA(6)(a) and (7)).

For the purposes of subsection (1)(a)—

“sufficient educational leisure-time activities” which are for the improvement of the well-being of qualifying young persons in the authority's area must include sufficient educational leisure-time activities which are for the improvement of their personal and social development, and

“sufficient facilities for such activities” must include sufficient facilities for educational leisure-time activities which are for the improvement of the personal and social development of qualifying young persons in the authority's area.

References in the remaining provisions of this section to “positive leisure-time activities” are references to any activities falling within paragraph (a) or (b) of subsection (1).

For the purposes of subsection (1) a local authority may—

provide facilities for positive leisure-time activities;

assist others in the provision of such facilities;

make arrangements for facilitating access for qualifying young persons to such facilities;

organise positive leisure-time activities;

assist others in the organisation of such activities;

make arrangements for facilitating access for qualifying young persons to such activities;

enter into agreements or make arrangements with any person in connection with anything done or proposed to be done under any of paragraphs (a) to (f);

take any other action which the authority think appropriate.

For the purposes of subsection (5)—

the provision mentioned in paragraph (a) may include establishing, maintaining and managing places at which facilities for positive leisure-time activities are provided;

the assistance mentioned in paragraphs (b) and (e) may include the provision of financial assistance;

the arrangements mentioned in paragraphs (c) and (f) may include the provision of transport, of financial assistance or of information to any person.

Before taking any action for the purposes of subsection (1) (“the proposed action”), a local authority must—

consider whether it is expedient for the proposed action to be taken by another person, and

where the authority consider that it is so expedient, take all reasonable steps to enter into an agreement or make arrangements with such a person for that purpose.

For the purposes of subsection (7)(a) a local authority must consult such persons as the authority think appropriate as to whether it is expedient for the proposed action to be taken by another person.

In exercising their functions under this section a local authority must—

take steps to ascertain the views of qualifying young persons in the authority's area about—

positive leisure-time activities, and facilities for such activities, in the authority's area;

the need for any additional such activities and facilities; and

access to such activities and facilities; and

secure that the views of qualifying young persons in the authority's area are taken into account.

A local authority in England must—

publicise information about positive leisure-time activities, and facilities for such activities, in the authority's area, and

keep the information publicised under paragraph (a) up to date.

A local authority may charge in respect of anything provided by the authority under this section where the provision is to a qualifying young person (whether or not in the authority's area).

In exercising their functions under this section a local authority must have regard to any guidance given from time to time by the Secretary of State.

In this section—

“recreation” includes physical training (and “recreational” is to be construed accordingly);

“sufficient”, in relation to activities or facilities, means sufficient having regard to quantity;

“well-being”, in relation to a person, means his well-being so far as relating to—

physical and mental health and emotional well-being;

protection from harm and neglect;

education, training and recreation;

the contribution made by him to society;

social and economic well-being.

Local authorities in Wales: functions in respect of facilities for recreation and social and physical training.

A local authority in Wales shall secure that the facilities for primary, and secondary education provided for their area include adequate facilities for recreation and social and physical training.

A local authority in Wales may provide facilities for recreation and social and physical training as part of the facilities for further education provided (whether or not by them) for their area.

For the purpose of subsection (1) or (1A) a local authority—

may establish, maintain and manage, or assist the establishment, maintenance and management of,—

camps, holiday classes, playing fields, play centres, and

other places, including playgrounds, gymnasiums and swimming baths not appropriated to any school or other educational institution,

at which facilities for recreation and social and physical training are available for persons receiving primary, secondary or further education;

may organise games, expeditions and other activities for such persons; and

may defray, or contribute towards, the expenses of such games, expeditions and other activities.

When making arrangements for the provision of facilities or the organisation of activities in the exercise of their powers under subsection (2), a local authority shall, in particular, have regard to the expediency of co-operating with any voluntary societies or bodies whose objects include the provision of facilities or the organisation of activities of a similar character.

In exercising its functions under this section a local authority must have regard to the Commission for Tertiary Education and Research’s strategic plan approved under section 15 of the Tertiary Education and Research (Wales) Act 2022.

Local authorities in England: duty to promote sustainable modes of travel etc

A local authority in England must—

prepare for each academic year a document containing their strategy to promote the use of sustainable modes of travel to meet the school travel needs of their area (“a sustainable modes of travel strategy”),

publish the strategy in such manner and by such time as may be prescribed, and

promote the use of sustainable modes of travel to meet the school travel needs of their area.

Before preparing a sustainable modes of travel strategy, an authority must in particular—

assess the school travel needs of their area, and

assess the facilities and services for sustainable modes of travel to, from and within their area.

“Sustainable modes of travel” are modes of travel which the authority consider may improve either or both of the following—

the physical well-being of those who use them;

the environmental well-being of the whole or a part of their area.

The “school travel needs” of a local authority's area are—

the needs of children and persons of sixth form age in the authority's area as regards travel mentioned in subsection (5), and

the needs of other children and persons of sixth form age as regards travel mentioned in subsection (6).

The needs of children and persons of sixth form age in the authority's area as regards travel referred to in subsection (4)(a) are their needs as regards travel to and from—

schools at which they receive or are to receive education or training,

institutions within the further education sector, or 16 to 19 Academies, at which they receive or are to receive education or training, or

any other places where they receive or are to receive education by virtue of arrangements made in pursuance of section 19(1).

The needs of other children and persons of sixth form age as regards travel referred to in subsection (4)(b) are their needs as regards travel to and from—

schools at which they receive or are to receive education or training,

institutions within the further education sector, or 16 to 19 Academies, at which they receive or are to receive education or training, or

any other places where they receive or are to receive education by virtue of arrangements made in pursuance of section 19(1),

in so far as that travel relates to travel within the authority's area.

The Secretary of State must issue, and may from time to time revise, guidance in relation to the discharge by a local authority of their duties under this section.

Before issuing or revising guidance under subsection (7), the Secretary of State must consult such persons as he considers appropriate.

In discharging their duties under this section an authority must—

consult such persons as they consider appropriate, and

have regard to any guidance given from time to time by the Secretary of State under subsection (7).

References in this section to persons of sixth form age are to be construed in accordance with subsection (1) of section 509AC.

In this section, “academic year” has the same meaning as in section 509AC in the case of local authorities in England.

Local authorities in England: travel arrangements for eligible children

A local authority in England must make, in the case of an eligible child in the authority's area to whom subsection (2) applies, such travel arrangements as they consider necessary in order to secure that suitable home to school travel arrangements, for the purpose of facilitating the child's attendance at the relevant educational establishment in relation to him, are made and provided free of charge in relation to the child.

This subsection applies to an eligible child if—

no travel arrangements relating to travel in either direction between his home and the relevant educational establishment in relation to him, or in both directions, are provided free of charge in relation to him by any person who is not the authority, or

such travel arrangements are provided free of charge in relation to him by any person who is not the authority but those arrangements, taken together with any other such travel arrangements which are so provided, do not provide suitable home to school travel arrangements for the purpose of facilitating his attendance at the relevant educational establishment in relation to him.

“Home to school travel arrangements”, in relation to an eligible child, are travel arrangements relating to travel in both directions between the child's home and the relevant educational establishment in question in relation to that child.

“Travel arrangements”, in relation to an eligible child, are travel arrangements of any description and include—

arrangements for the provision of transport, and

any of the following arrangements only if they are made with the consent of a parent of the child—

arrangements for the provision of one or more persons to escort the child (whether alone or together with other children) when travelling to or from the relevant educational establishment in relation to the child;

arrangements for the payment of the whole or any part of a person's reasonable travelling expenses;

arrangements for the payment of allowances in respect of the use of particular modes of travel.

“Travel arrangements”, in relation to an eligible child, include travel arrangements of any description made by any parent of the child only if those arrangements are made by the parent voluntarily.

“Travel arrangements”, in relation to an eligible child, do not comprise or include travel arrangements which give rise to additional costs and do not include appropriate protection against those costs.

For the purposes of subsection (6)—

travel arrangements give rise to additional costs only if they give rise to any need to incur expenditure in order for the child to take advantage of anything provided for him in pursuance of the arrangements, and

travel arrangements include appropriate protection against those costs only if they include provision for any expenditure that needs to be incurred for the purpose mentioned in paragraph (a) in the case of the child to be met by the person by whom the arrangements are made.

Travel arrangements are provided free of charge if there is no charge for anything provided in pursuance of the arrangements.

Schedule 35B has effect for the purposes of defining “eligible child” for the purposes of this section.

References to a “relevant educational establishment”, in relation to an eligible child, are references to—

in the case of a child who is an eligible child by virtue of falling within any of paragraphs 2, 4, 6, 9, 11 and 12 of Schedule 35B, the qualifying school (within the meaning of that Schedule) at which the child is a registered pupil referred to in the paragraph in question, and

in the case of a child who is an eligible child by virtue of falling within any of paragraphs 3, 5, 7, 10 and 13 of Schedule 35B, the place other than a school, where the child is receiving education by virtue of arrangements made in pursuance of section 19(1), referred to in the paragraph in question.

Regulations may modify subsections (1) and (2) to provide for their application in cases where there is more than one relevant educational establishment in relation to a child.

Local authorities in England: travel arrangements etc for other children

A local authority in England may make such school travel arrangements as they consider necessary, in relation to any child in the authority's area to whom this section applies, for the purpose of facilitating the child's attendance at any relevant educational establishment in relation to the child.

This section applies to a child who is not an eligible child for the purposes of section 508B.

“School travel arrangements”, in relation to such a child, are travel arrangements relating to travel in either direction between his home and any relevant educational establishment in relation to the child, or in both directions.

“Travel arrangements”, in relation to such a child, are travel arrangements of any description and include—

arrangements for the provision of transport, and

any of the following arrangements only if they are made with the consent of a parent of the child—

arrangements for the provision of one or more persons to escort the child (whether alone or together with other children) when travelling to or from any relevant educational establishment in relation to the child;

arrangements for the payment of the whole or any part of a person's reasonable travelling expenses;

arrangements for the payment of allowances in respect of the use of particular modes of travel.

A local authority in England may pay, in the case of a child in the authority's area to whom this section applies and in relation to whom no arrangements are made by the authority under subsection (1), the whole or any part, as they think fit, of a person's reasonable travelling expenses in relation to that child's travel in either direction between his home and any relevant educational establishment in relation to the child, or in both directions.

References to a “relevant educational establishment”, in relation to a child to whom this section applies, are references to—

any school at which he is a registered pupil,

any institution within the further education sector, or 16 to 19 Academy, at which he is receiving education, or

any place other than a school where he is receiving education by virtue of arrangements made in pursuance of section 19(1).

Guidance etc in relation to sections 508B and 508C

The Secretary of State must issue, and may from time to time revise, guidance in relation to the discharge by a local authority of their functions under sections 508B and 508C.

Before issuing or revising guidance under subsection (1), the Secretary of State must consult such persons as he considers appropriate.

In discharging their functions under sections 508B and 508C an authority must have regard to any guidance given from time to time by the Secretary of State under subsection (1).

Regulations may require a local authority to publish, at such times and in such manner as may be prescribed, such information as may be prescribed with respect to the authority's policy and arrangements relating to the discharge of their functions under section 508B or 508C.

Local authorities in England: school travel schemes

Schedule 35C has effect in relation to school travel schemes.

Where a school travel scheme is in force under Schedule 35C, the local authority in England by which the scheme is made must give effect to the scheme by—

making the arrangements which are set out in the scheme as described in paragraph 2(1) of that Schedule as arrangements to be made by the authority,

complying with the requirement of the scheme described in paragraph 2(5) of that Schedule (requirement to make suitable alternative arrangements),

complying with the requirement of the scheme described in paragraph 3 of that Schedule (travel arrangements for eligible children), and

complying with the scheme's policy applicable to charging and any other requirements of the scheme.

Where a school travel scheme is in force under Schedule 35C, the local authority in England by which the scheme is made do not have any functions under section 508B or 508C in relation to children in their area.

The Secretary of State must issue, and may from time to time revise, guidance in relation to the discharge by a local authority in England of any duty under subsection (2) or of any functions under Schedule 35C.

Before issuing or revising guidance under subsection (4), the Secretary of State must consult such persons as he considers appropriate.

In discharging any duty under subsection (2) and in exercising any functions under Schedule 35C, a local authority in England must have regard to any guidance given from time to time by the Secretary of State under subsection (4).

Local authorities in England: provision of transport etc for adult learners

A local authority in England must make such arrangements for the provision of transport and otherwise as they consider necessary, or as the Secretary of State may direct, for the purposes mentioned in subsections (2) and (3).

The first purpose is to facilitate the attendance of adults receiving education at institutions—

maintained or assisted by the authority and providing further or higher education (or both), or

within the further education sector.

The second purpose is to facilitate the attendance of relevant young adults receiving education or training at institutions outside both the further education sector and the wider higher education sector, but only in cases where the local authority have secured for the adults in question—

the provision of education or training at the institution in question, and

the provision of boarding accommodation under section 514A.

Any transport provided under subsection (1) must be provided free of charge.

In considering what arrangements it is necessary to make under subsection (1) in relation to relevant young adults, a local authority must have regard to what they are required to do under section 15ZA(1) in relation to those persons.

In considering whether they are required by subsection (1) to make arrangements in relation to a particular adult, a local authority must have regard (among other things) to the age of the adult and the nature of the route, or alternative routes, which the adult could reasonably be expected to take.

Arrangements made under subsection (1) by virtue of subsection (3) to facilitate full-time education or training at an institution outside both the further education sector and the wider higher education sector must be no less favourable than the arrangements made for relevant young adults of the same age for whom the authority secure the provision of education at another institution.

A local authority in England may pay all or part of the reasonable travelling expenses of an adult—

receiving education or training at an institution mentioned in subsection (2) or (3), and

for whose transport no arrangements are made under subsection (1).

In this section—

“adult” means a person who is neither a child nor a person of sixth form age,

“sixth form age” is to be construed in accordance with section 509AC(1), and

“relevant young adult” means an adult for whom an EHC plan is maintained.

Local authorities in England: transport policy statements etc for young adults subject to learning difficulty assessment

A local authority in England making arrangements, or proposing to pay travelling expenses, under section 508F in relation to relevant young adults must consult—

any other local authority that they consider it appropriate to consult,

governing bodies of institutions within the further education sector in the authority’s area,

proprietors of 16 to 19 Academies in the authority's area,

persons in the local authority’s area who will be relevant young adults when the arrangements or payments have effect, and their parents,

the Secretary of State, and

any other person specified by the Secretary of State.

The authority must prepare for each academic year a transport policy statement complying with the following requirements.

The statement must specify any transport or other arrangements, and any payment of travelling expenses, made or to be made in relation to the year under section 508F in relation to relevant young adults.

The statement must also specify any travel concessions (within the meaning of Part 5 of the Transport Act 1985) which are to be provided under any scheme established under section 93 of that Act to relevant young adults receiving education or training at an institution mentioned in subsection (2) or (3) of section 508F.

The authority must publish the statement by the end of May in the year in which the relevant academic year begins.

In preparing and publishing the statement, the authority must have regard (among other things) to the need to—

include in the statement sufficient information about the matters that the statement must specify, and

publish the statement in time,

to enable relevant young adults and their parents to take reasonable account of those matters when choosing between different institutions at which education or training is provided.

The publication of a statement under this section in relation to an academic year does not prevent an authority from—

making additional arrangements or payments under section 508F in relation to the academic year, or

providing additional travel concessions in relation to the academic year.

The Secretary of State may amend subsection (5) by order to change the time by which the statement must be published.

In this section—

“academic year” has the meaning given in section 509AC,

“governing body” has the meaning given in section 509AC, and

“relevant young adult” has the meaning given in section 508F.

Guidance: sections 508F and 508G

In making arrangements under section 508F(1) and preparing and publishing a statement under section 508G, a local authority must have regard to any guidance issued by the Secretary of State under this section.

Complaints about transport arrangements etc for young adult for whom EHC plan is maintained: England

A local authority may revise a statement prepared under section 508G to change any matter specified under subsection (3) of that section if, as a result of a relevant young adult transport complaint, they have come to consider the change necessary for a purpose mentioned in section 508F(2) or (3).

A local authority must revise a statement prepared under section 508G to change any matter specified in subsection (3) of that section if, as a result of a relevant young adult transport complaint, the Secretary of State has directed them to do so.

An authority that revise a statement under subsection (1) or (2) must publish the revised statement and a description of the revision as soon as practicable.

The Secretary of State need not consider whether to exercise any power under sections 496 to 497A (powers to prevent unreasonable exercise of functions, etc) or subsection (2) of this section in response to a matter that is, or could have been, the subject of a relevant young adult transport complaint made to him or her unless satisfied that—

the matter has been brought to the notice of the local authority concerned, and

the authority have had a reasonable opportunity to investigate the matter and respond.

In this section “relevant young adult transport complaint” means a complaint that is—

about a local authority’s exercise of, or failure to exercise, a function under section 508F or 508G in relation to relevant young adults, and

made by a person who is, or will be, a relevant young adult when the matter complained of has effect, or by a parent of such a person,

and “relevant young adult” has the meaning given in section 508F.

For the purposes of sections 508G(7) and 508H, the revision of a statement under this section is to be treated as the preparation of a statement under section 508G.

Where a local authority have published in a single document a statement prepared under section 509AA and a statement prepared under 508G, the requirement to publish a revised statement under subsection (3) is to be treated as a requirement to publish a version of the document that includes the revised statement.

LEAs in Wales: provision of transport etc.

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Local authorities in England: provision of transport etc. for persons of sixth form age

A local authority in England shall prepare for each academic year a transport policy statement complying with the requirements of this section.

The statement shall specify the arrangements for the provision of transport or otherwise that the authority consider it necessary to make for facilitating the attendance of persons of sixth form age receiving education or training—

at schools,

at any institution maintained or assisted by the authority which provides further education or higher education (or both),

at any institution within the further education sector, ...

at any 16 to 19 Academy, or

at any establishment (not falling within paragraph (b), (c) or (ca)) at which the authority secures the provision of education or training under section 15ZA(1) ... .

The statement shall specify the arrangements that the authority consider it necessary to make for the provision of financial assistance in respect of the reasonable travelling expenses of persons of sixth form age receiving education or training at any establishment such as is mentioned in subsection (2).

The statement shall specify the arrangements proposed to be made by the governing bodies of—

schools maintained by the authority at which education suitable to the requirements of persons over compulsory school age is provided, and

institutions within the further education sector in the authority’s area,

for the provision of transport for facilitating the attendance of persons of sixth form age receiving education or training at the schools and institutions and for the provision of financial assistance in respect of the travelling expenses of such persons.

Those governing bodies shall co-operate in giving the local authority any information and other assistance that is reasonably required by the authority for the performance of their functions under this section and section 509AB.

The statement shall specify any travel concessions (within the meaning of Part 5 of the Transport Act 1985 (c. 67)) which are to be provided under any scheme established under section 93 of that Act to persons of sixth form age receiving education at any establishment such as is mentioned in subsection (2) above in the authority’s area.

The authority shall—

publish the statement, in a manner which they consider appropriate, on or before 31st May in the year in which the academic year in question begins, and

make, and secure that effect is given to, any arrangements specified under subsections (2) and (3).

Nothing in this section prevents a local authority from making, at any time in an academic year, arrangements—

which are not specified in the transport policy statement published by the authority for that year, but

which they have come to consider necessary for the purposes mentioned in subsections (2) and (3).

The Secretary of State may, if he considers it expedient to do so, direct a local authority to make for any academic year—

arrangements for the provision of transport or otherwise for facilitating the attendance of persons of sixth form age receiving education or training at establishments such as are mentioned in subsection (2), or

arrangements for providing financial assistance in respect of the reasonable travelling expenses of such persons,

which have not been specified in the transport policy statement published by the authority for that academic year.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Secretary of State ... may by order amend subsection (7)(a) to change the time by which the statement must be published .

Subsection (9) is subject to section 509AE (complaints about transport arrangements etc for persons of sixth form age in England).

Local authorities in England: further provision about transport policy statements for persons of sixth form age

A statement prepared under section 509AA shall state to what extent arrangements specified in accordance with subsection (2) of that section include arrangements for facilitating the attendance at establishments such as are mentioned in that subsection of disabled persons and persons with learning difficulties or disabilities.

A statement prepared under that section shall—

specify arrangements for persons receiving full-time education or training at establishments other than schools maintained by the local authority which are no less favourable than the arrangements specified for pupils of the same age attending such schools, and

specify arrangements for persons with learning difficulties or disabilities receiving education or training at establishments other than schools maintained by the authority which are no less favourable than the arrangements specified for pupils of the same age with learning difficulties or disabilities attending such schools.

In considering what arrangements it is necessary to make for the purposes mentioned in subsections (2) and (3) of section 509AA the local authority shall have regard (amongst other things) to—

the needs of those for whom it would not be reasonably practicable to attend a particular establishment to receive education or training if no arrangements were made,

the need to secure that persons in their area have reasonable opportunities to choose between different establishments at which education or training is provided,

what they are required to do under section 15ZA(1) in relation to persons of sixth form age,

the distances, and journey times, between the homes of persons of sixth form age in their area and establishments such as are mentioned in section 509AA(2) at which education or training suitable to their needs is provided, and

the cost of transport to the establishments in question and of any alternative means of facilitating the attendance of persons receiving education or training there.

In considering whether or not it is necessary to make arrangements for those purposes in relation to a particular person, a local authority in England shall have regard (amongst other things) to the nature of the route, or alternative routes, which he could reasonably be expected to take.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In preparing a statement under section 509AA a local authority shall have regard to any guidance issued under this section by the Secretary of State.

In preparing a statement under that section a local authority shall consult—

any other local authority that they consider it appropriate to consult,

the governing bodies mentioned in subsection (4) of that section,

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

persons in the local authority's area who will be of sixth form age when the statement has effect, and their parents,

any other person specified for the purposes of this section by the Secretary of State ...

In preparing a statement under that section a local authority shall also consult—

where they are a district council for an area in a metropolitan county, the Integrated Transport Authority for that county, and

where they are a London borough council or the Common Council of the City of London, Transport for London.

In preparing and publishing a statement under section 509AA, a local authority must have regard (among other things) to the need to—

include in the statement sufficient information about the matters that the statement must specify, and

publish the statement in time,

to enable persons who will be of sixth form age when the statement has effect and their parents to take reasonable account of those matters when choosing between different establishments at which education or training is provided.

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Interpretation of sections 509AA and 509AB

For the purposes of sections 509AA and 509AB a person receiving education or training at an establishment is of sixth form age if he is over compulsory school age but—

is under the age of 19, or

has begun a particular course of education or training at the establishment before attaining the age of 19 and continues to attend that course.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

References in section 509AB to persons with learning difficulties or disabilities are to be construed in accordance with section 15ZA(6) and (7).

In sections 509AA and 509AB and this section—

“academic year” means any period commencing with 1st August and ending with the next 31st July;

“disabled person” has the same meaning as in the Equality Act 2010;

“establishment” means an establishment of any kind, including a school or institution;

“governing body”, in relation to an institution within the further education sector, has the same meaning as in the Further and Higher Education Act 1992.

The Secretary of State may by order amend the definition of “academic year” in subsection (5) ... .

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Local authorities in England: duty to have regard to religion or belief in exercise of travel functions

A local authority in England must have regard, amongst other things, in exercising any of their travel functions in relation to or in connection with the travel of a person or persons to or from a school, institution or other place,

to any wish of a parent of such a person for him to be provided with education or training at a particular school, institution or other place where that wish is based on the parent's religion or belief, and

in a case where the person in question (or any of the persons in question) is of sixth form age (within the meaning given in section 509AC(1)), to any wish of that person to be provided with education or training at a particular school, institution or other place where that wish is based on the person's religion or belief.

The “travel functions” of a local authority in England are their functions under any of the following provisions—

section 508A (duty to promote sustainable modes of travel etc);

section 508B (travel arrangements for eligible children);

section 508C (travel arrangements etc for other children);

section 508E and Schedule 35C (school travel schemes);

section 508F (local authorities in England: provision of transport etc for adult learners);

section 509AA (transport etc for persons of sixth form age).

For the purposes of this section—

“religion” means any religion,

“belief” means any religious or philosophical belief,

a reference to religion includes a reference to lack of religion, and

a reference to belief includes a reference to lack of belief.

Complaints about transport arrangements etc for persons of sixth form age in England

A local authority may revise a statement prepared under section 509AA to change the arrangements specified under subsection (2) or (3) of that section if, as a result of a sixth form transport complaint, they have come to consider the change necessary for the purpose of the arrangements specified under the subsection in question.

A local authority must revise a statement prepared under section 509AA to change the arrangements specified under subsection (2) or (3) of that section if, as a result of a sixth form transport complaint, the Secretary of State has directed them to do so.

An authority that revise a statement under subsection (1) or (2) must publish the revised statement and a description of the revision as soon as practicable.

The Secretary of State need not consider whether to exercise any power under sections 496 to 497A (powers to prevent unreasonable exercise of functions, etc), section 509AA(9) (power to require local authority to make additional transport arrangements), or subsection (2) of this section in response to a matter that is, or could have been, the subject of a sixth form transport complaint made to him or her unless satisfied that—

the matter has been brought to the notice of the local authority concerned, and

the authority have had a reasonable opportunity to investigate the matter and respond.

In this section “sixth form transport complaint” means a complaint that is—

about a local authority's exercise of, or failure to exercise, a function under sections 509AA to 509AD in relation to persons of sixth form age, and

made by a person who is, or will be, a person of sixth form age when the matter complained of has effect, or by a parent of such a person,

and “sixth form age” is to be construed in accordance with section 509AC(1).

For the purposes of sections 509AA(8) and (9), 509AB(1) to (5), 509AC and 509AD, the revision of a statement under this section is to be treated as the preparation of a statement under section 509AA.

Where a local authority have published in a single document a statement prepared under section 508G and a statement prepared under 509AA, the requirement to publish a revised statement under subsection (3) is to be treated as a requirement to publish a version of the document that includes the revised statement.

Local authorities in England: travel arrangements for children receiving early years education otherwise than at school.

A local authority in England 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—

which are not a school or part of a school, but

at which relevant early years education is provided,

for the purpose of receiving such education there.

The assistance which may be provided for a child under this section consists of either—

making arrangements (whether for the provision of transport or otherwise) for the purpose of facilitating the child’s attendance at the premises concerned, or

paying the whole or any part of his reasonable travel expenses.

When considering whether to provide a child with assistance under this section in connection with his attendance at any premises, a local 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 early years education at any other premises (whether nearer to his home or otherwise).

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—

the child’s parent, or

the person providing the relevant early years 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.

Regulations made by the Secretary of State may require a local authority to publish, at such times and in such manner as may be prescribed, such information as may be prescribed with respect to the authority’s policy and arrangements relating to the making of provision under this section.

In this section “relevant early years education” means—

... early years provision as defined by section 20 of the Childcare Act 2006 which is

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

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);

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Provision of clothing.

A local authority may provide clothing for—

any pupil who is a boarder at an educational institution maintained by the authority [or at a grant-maintained school],

any pupil at a nursery school maintained by the authority, and

any pupil in a nursery class at a school maintained by the authority [or at a grant-maintained school].

A local authority may also provide clothing for any pupil—

for whom they are providing board and lodging elsewhere than at an educational institution maintained by them, and

for whom special educational provision or additional learning provision (as the case may be) is made in pursuance of arrangements made by them.

Where it appears to a local authority, in a case where neither subsection (1) nor subsection (2) applies, that a pupil at—

a school maintained by them [or a grant-maintained school], or

a special school (whether maintained by them or not),

is unable by reason of the inadequacy or unsuitability of his clothing to take full advantage of the education provided at the school, the authority may provide him with such clothing as in their opinion is necessary for the purpose of ensuring that he is sufficiently and suitably clad while he remains a pupil at the school.

A local authority may provide—

for pupils at a school maintained by them [, at a grant-maintained school] or at an institution maintained by them which provides further education or higher education (or both),

for persons who have not attained the age of 19 and who are receiving education at an institution within the further education sector or a 16 to 19 Academy, and

for persons who make use of facilities for physical training secured by the authority under section 507A or 507B (if the authority are in England) or made available by the authority for such persons under section 508(2) (if the authority are in Wales) ,

such articles of clothing as the authority may determine suitable for the physical training provided at that school or institution or under those facilities.

A local authority may—

with the consent of the proprietor of a school not maintained by the authority, other than a [grant-maintained school or] special school, and

on such financial and other terms, if any, as may be determined by agreement between the authority and the proprietor,

make arrangements, in the case of any pupil at the school who is unable by reason of the inadequacy or unsuitability of his clothing to take full advantage of the education provided at the school, for securing for the pupil the provision of such clothing as is necessary for the purpose of ensuring that he is sufficiently and suitably clad while he remains a pupil at the school.

Any arrangements made under subsection (5) shall be such as to secure, so far as is practicable, that the expense incurred by the authority in connection with the provision of any article under the arrangements does not exceed the expense which would have been incurred by them in the provision of it if the pupil had been a pupil at a school maintained by them.

Provisions supplementary to section 510.

Provision of clothing under section 510 may be made in such way as to confer either a right of property in the clothing or a right of user only (at the option of the providing authority), except in any circumstances for which the adoption of one or other of those ways of making such provision is prescribed.

Where a local authority have provided a person with clothing under section 510, then, in such circumstances respectively as may be prescribed—

the authority shall require his parent to pay to them in respect of its provision such sum (if any) as in their opinion he is able to pay without financial hardship, not exceeding the cost to the authority of its provision;

the authority may require his parent to pay to them in respect of its provision such sum as is mentioned in paragraph (a) or any lesser sum; or

his parent shall not be required to pay any sum in respect of its provision.

Any sum which a parent is duly required to pay by virtue of subsection (2)(a) or (b) may be recovered summarily as a civil debt.

Where a person who has attained the age of 18 (other than a registered pupil at a school) is provided with clothing under section 510, any reference in subsection (2) or (3) to his parent shall be read as a reference to him.

Local authorityfunctions concerning provision of meals, etc.

A local authority may provide—

registered pupils at any school maintained by the authority,

other persons who receive education at such a school, and

children who receive relevant funded early years education,

with milk, meals and other refreshments.

Where provision is made under subsection (1), it shall be made—

in a case within paragraph (a) or (b) of that subsection, either on the school premises or at any other place where education is being provided, and

in a case within paragraph (c) of that subsection, at any place where education is being provided.

A local authority shall exercise their power under subsection (1) to provide school lunches for any person within paragraph (a) or (c) of that subsection if—

any prescribed requirements are met,

a request for the provision of school lunches has been made by or on behalf of that person to the authority, and

either—

that person is eligible for free lunches (within the meaning of section 512ZB(2)), or

in the case of a person within subsection (1)(a), it would not be unreasonable for the authority to provide the lunches.

Subject to section 114A(4) of the School Standards and Framework Act 1998 (requirements for food and drink provided on school premises etc, any school lunches provided by a local authority in England pursuant to subsection (3) may take such form as the authority think fit.

Subject to section 4 of the Healthy Eating in Schools (Wales) Measure 2009, any school lunches provided by a local authority in Wales pursuant to subsection (3) may take such form as the authority think fit.

A local authority shall provide at any school maintained by them such facilities as they consider appropriate for the consumption of any meals or other refreshment brought to the school by registered pupils.

In this section—

“prescribed” means prescribed by the Secretary of State by order;

“relevant funded early years education”, in relation to a local authority in England, means early years provision as defined by section 20 of the Childcare Act 2006 which is provided by a person, other than the governing body of a maintained school (within the meaning of section 20(7) of the School Standards and Framework Act 1998) or a maintained nursery school, under arrangements made by a local authority in pursuance of the duty imposed by section 7 of the 2006 Act (duty to secure prescribed early years provision free of charge);

“relevant funded early years education”, in relation to a local authority in Wales, means education provided by a person other than the governing body of a maintained school (within the meaning of section 20(7) of the School Standards and Framework Act 1998) or a maintained nursery school—

under arrangements made with that person by the authority in pursuance of the duty imposed on the authority by section 118 of that Act (duty of local authority to secure sufficient nursery education), and

in consideration of financial assistance provided by the authority under those arrangements.

“school lunch”—

in relation to a pupil, means food made available for consumption by the pupil as his midday meal on a school day, and

in relation to a child receiving relevant funded nursery education at an establishment other than a school, means food made available for consumption by the child as his midday meal on a day on which he receives that education,

whether involving a set meal or the selection of items by him or otherwise;

and references, in relation to a local authority, to a school maintained by the authority are to a community, foundation or voluntary school, a community or foundation special school, a maintained nursery school or a pupil referral unit maintained by the authority.

Power to charge for meals etc.

A local authority may charge for anything provided by them under subsection (1) or (3) of section 512.

Where a local authority in England exercise the power to charge under subsection (1), the price they charge for an item must not exceed the cost of providing that item.

Where a local authority exercise the power to charge under subsection (1), they must charge every person the same price for the same quantity of the same item.

This section is subject to section 512ZB.

Provision of free school lunches and milk

Where the local authority provide a school lunch in accordance with section 512(3) to a person who is eligible for free lunches, the authority shall provide the meal free of charge.

For this purpose a person is eligible for free lunches if—

he is within subsection (4), (4A) or (4D), and

a request that the school lunches be provided free of charge has been made by him or on his behalf to the authority.

Where a local authority exercise their power under subsection (1) of section 512 to provide a person within paragraph (a) or (c) of that subsection with milk, the authority shall provide the milk free of charge if—

the person is within subsection (4), and

a request that the milk be provided free of charge has been made by him or on his behalf to the authority.

A person (“C”) is within this subsection if—

C's parent is—

in receipt of universal credit in such circumstances as may be prescribed for the purposes of this paragraph, or

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

in receipt of support provided under Part 6 of the Immigration and Asylum Act 1999 (c. 33), or

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C meets any conditions prescribed for the purposes of this paragraph and C's parent is, in such circumstances as may be so prescribed—

in receipt of any benefit or allowance not falling within paragraph (a) that is so prescribed, or

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C is—

in receipt of universal credit in such circumstances as may be prescribed for the purposes of this paragraph, or

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C meets any conditions prescribed for the purposes of this paragraph and is—

in receipt of any benefit or allowance not falling within paragraph (b) that is so prescribed, or

entitled to any tax credit under the Tax Credits Act 2002 or element of such a tax credit, that is so prescribed.

C meets any conditions prescribed for the purposes of this paragraph and is—

in receipt of any benefit or allowance not falling within paragraph (b) that is so prescribed, ...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

A person is within this subsection if the person—

is a registered pupil at a maintained school or pupil referral unit in England, and

is in reception, year 1, year 2 or any other prescribed year group at the school.

The Secretary of State may by order provide for the following to be treated as persons within subsection (4A)—

registered pupils, or any description of registered pupils, at a maintained nursery school in England;

children, or any description of children, who receive relevant funded early years education, or any description of such education, in England.

In subsection (4A)—

“maintained school” means—

a community, foundation or voluntary school, or

a community or foundation special school;

“reception” means a year group in which the majority of children will, in the school year, attain the age of 5;

“year 1” means a year group in which the majority of children will, in the school year, attain the age of 6;

“year 2” means a year group in which the majority of children will, in the school year, attain the age of 7;

“year group” means a group of children at a school the majority of whom will, in a particular school year, attain the same age.

A person is within this subsection if—

they are a registered pupil at a maintained school or pupil referral unit in England,

they or their parent is in receipt of universal credit, and

they are not within subsection (4);

and the meaning of “maintained school” given by subsection (4C) applies for the purposes of this subsection.

In this section “prescribed”, “relevant funded early years education” and “school lunch” have the same meaning as in section 512.

Protection of identity of pupils receiving free school lunches or milk

This section applies when a school lunch or milk is provided for a pupil in Wales free of charge by a local authority under section 512ZB or by the governing body of a maintained school by virtue of section 512A.

A local authority or governing body in Wales must take reasonable steps to ensure that the pupil cannot be identified as a pupil who receives a school lunch or milk free of charge by any person other than an authorised person.

A local authority or governing body in Wales must take reasonable steps to ensure that none of the persons mentioned in subsection (4) discloses to any person other than an authorised person the fact that the pupil receives school lunches or milk free of charge.

The persons referred to in subsection (3) are—

a teacher in the school,

any person (other than a teacher) who is—

employed (whether by the local authority or by another person) in the school, or

working there on an unpaid basis, and

any other person employed by the local authority or governing body.

In subsections (2) and (3), “authorised person” means—

a parent of the pupil, and

a person mentioned in subsection (4) who is authorised by the local authority or governing body to have access to information about a pupil's entitlement to receive school lunches free of charge.

When deciding what steps to take in order to comply with their duties under subsections (2) and (3) a local authority or governing body in Wales must have regard to any guidance issued by the Welsh Ministers under this section.

Transfer of functions under section 512 to governing bodies.

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 authority which are mentioned in subsection (2).

Those duties are—

the duty to provide school lunches in accordance with section 512(3) and (4);

the duty to provide school lunches free of charge in accordance with section 512ZB(1); and

the duty to provide milk free of charge in accordance with section 512ZB(3).

An order under this section may (subject to subsection (6)) apply to—

all maintained schools; or

any specified class of such schools; or

all such schools, or any specified class of such schools, maintained by specified local authorities.

Where any duty falls to be performed by the governing body of a school by virtue of an order under this section—

the corresponding duty mentioned in subsection (2) shall no longer fall to be performed by the local authority in relation to the school; and

if the duty corresponds to the one mentioned in subsection (2)(b) or (c)—

the order may provide that, notwithstanding the other provisions of the order, the function of determining whether pupils at the school fall within section 512ZB(4) is to be exercisable by the local authority, and

section 533(3) shall not apply to school lunches or milk provided by the governing body in pursuance of the order.

An order under this section may provide for section 513(2) not to apply—

to local authorities generally, or

to any specified local 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.

An order under this section shall not operate to—

impose any duty on the governing body of a school, or

relieve a local 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 512ZA(2) above to have effect, in relation to any provision made at any such time by the local authority for pupils at the school, with such modifications as may be specified.

In this section—

“delegated budget” has the same meaning as in the School Standards and Framework Act 1998;

“maintained school” means a maintained school as defined by section 20(7) of the School Standards and Framework Act 1998 or a maintained nursery school;

“school lunch” has the same meaning as in section 512 above;

“specified” means specified in an order under this section.

Provision of school lunches: Academies

Academy arrangements in relation to an Academy school or an alternative provision Academy must include provision imposing obligations on the proprietor that are equivalent to the school lunches obligations.

“The school lunches obligations” are the obligations imposed in relation to maintained schools and pupil referral units in England by—

section 512(3) (provision of school lunches on request), and

section 512ZB(1) (provision of free school lunches to eligible persons).

Academy arrangements in relation to an Academy (other than a 16 to 19 Academy) that are entered into before the date on which section 106(3) of the Children and Families Act 2014 comes into force are to be treated as if they included the provision required by subsection (1), to the extent that they do not otherwise include such provision.

Subsections (1) and (3) apply to an agreement under section 482 in relation to a city technology college or a city college for the technology of the arts as they apply to Academy arrangements in relation to an Academy school or an alternative provision Academy.

School food standards: Academies

Academy arrangements in relation to an Academy school or an alternative provision Academy must include—

provision imposing requirements relating to food or drink provided for registered pupils that are equivalent to the requirements prescribed by regulations under section 114A(1) of the School Standards and Framework Act 1998 (food and drink provided on premises of maintained schools etc), and

provision imposing duties on the proprietor that are equivalent to the duties imposed by section 114A(4) and (6) of that Act on a local authority or the governing body of a school maintained by a local authority.

Subsection (1) applies only to the extent that the provision mentioned there is not already required to be included in Academy arrangements by section 512B.

Academy arrangements in relation to an Academy (other than a 16 to 19 Academy) that are entered into before the day on which section 31 of the Children’s Wellbeing and Schools Act 2026 comes into force are to be treated as if they included the provision required by subsection (1), to the extent that they do not otherwise include such provision.

Provision of meals etc. at schools not maintained by local authorities.

A local authority may, with the consent of the proprietor of a school in their area which is not maintained by them, make arrangements for securing the provision of milk, meals and other refreshment for pupils in attendance at the school.

Any arrangements under this section—

shall be on such financial and other terms, if any, as may be determined by agreement between the authority and the proprietor of the school; and

shall be such as to secure, so far as is practicable, that the expense incurred by the authority in connection with the provision of any service or item under the arrangements shall not exceed the expense which would have been incurred by them in providing it if the pupil had been a pupil at a school maintained by them.

Provision of board and lodging otherwise than at school.

Where a local authority are satisfied with respect to any pupil—

that primary or secondary education suitable to his age, ability and aptitude and to any special educational needs he may have can best be provided for him at a particular community, foundation or voluntary or community or foundation special school, but

that such education cannot be so provided unless boarding accommodation is provided for him otherwise than at the school,

they may provide such board and lodging for him under such arrangements as they think fit.

Where a local authority in England are satisfied with respect to a pupil with special educational needs that provision of board and lodging for him is necessary for enabling him to receive the required special educational provision, they may provide such board and lodging for him under such arrangements as they think fit.

In making any arrangements under this section, a local authority shall, so far as practicable, give effect to the wishes of the pupil’s parent as to the religion or religious denomination of the person with whom the pupil will reside.

Subject to subsection (5), where a local authority have provided a pupil with board and lodging under arrangements under this section, they shall require the pupil’s parent to pay them such sums, if any, in respect of the board and lodging as in their opinion he is able to pay without financial hardship.

No sum is recoverable under subsection (4) if the arrangements were made by the authority on the ground that in their opinion education suitable to the pupil’s age, ability and aptitude or special educational needs could not otherwise be provided for him.

The sums recoverable under subsection (4) shall not exceed the cost to the authority of providing the board and lodging.

Any sum payable under subsection (4) may be recovered summarily as a civil debt.

In its application to a local authority in Wales, references in this section to special educational needs are to be interpreted as references to additional learning needs.

Provision of boarding accommodation for person for whom an EHC plan is maintained

A local authority in England may secure the provision of boarding accommodation in connection with the provision of education or training for a person in their area who is over compulsory school age and for whom an EHC plan is maintained.—

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

A local authority may secure the provision of boarding accommodation under subsection (1) either within or outside their area.

For the purposes of subsection (1) it is immaterial who provides, or secures the provision of, the education or training.

In this section “education” and “training” have the same meanings as in section 15ZA.

Provision of teaching services for day nurseries.

Subject to subsection (2), a local authority may, in accordance with arrangements made by them for that purpose, make available to a day nursery in England or Wales or to a registered early years provider in England the services of any teacher who—

is employed by them in a nursery school or in a primary school having one or more nursery classes, and

has agreed to provide his services for the purposes of the arrangements.

Arrangements under subsection (1) in respect of a teacher in a foundation or voluntary school require the concurrence of the governing body of the school.

Arrangements under this section may make provision—

for the supply of equipment for use in connection with the teaching services made available under the arrangements;

for regulating the respective functions of any teacher whose services are made available under the arrangements, the head teacher of his school and the person in charge of the day nursery or (as the case may be) the registered early years provider ; and

for any supplementary or incidental matters connected with the arrangements, including—

in relation to England, any charges to be imposed in connection with the arrangements, and

in relation to Wales, where the teacher's school and the day nursery are in the areas of different local authorities , financial adjustments between those authorities.

In this section—

“day nursery” means a day nursery provided under section 18 of the Children Act 1989 (provision by local authorities of day care for pre-school and other children) or sections 37 to 39 of the Social Services and Well-being (Wales) Act 2014 (meeting care and support needs of children);

“registered early years provider” means a person registered under Part 3 of the Childcare Act 2006.

A teacher shall not be regarded as ceasing to be a member of the teaching staff of his school and subject to the general directions of his head teacher by reason only of his services being made available in pursuance of arrangements under this section.

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Payment of fees

Payment of fees at schools not maintained by a local authority.

Where, in pursuance of arrangements made under section 18 , Part 4 (special educational needs) or Part 3 of the Children and Families Act 2014 (children and young people in England with special educational needs or disabilities), primary or secondary education is provided for a pupil at a school not maintained by them or another local authority, the local authority by whom the arrangements are made shall—

if subsection (2), (3) or (4) applies, pay the whole of the fees payable in respect of the education provided in pursuance of the arrangements; and

if board and lodging are provided for the pupil at the school and subsection (5) applies, pay the whole of the fees payable in respect of the board and lodging.

This subsection applies where—

the pupil fills a place in the school which the proprietor of the school has put at the disposal of the authority; and

the school is one in respect of which grants are made by the Secretary of State under section 485.

This subsection applies where the authority are satisfied that, by reason of a shortage of places in every school maintained by them or another local authority to which the pupil could be sent with reasonable convenience, education suitable—

to his age, ability and aptitude, and

to any special educational needs he may have,

cannot be provided by them for him except at a school not maintained by them or another local authority.

This subsection applies where (in a case in which neither subsection (2) nor subsection (3) applies) the authority are satisfied—

that the pupil has special educational needs, and

that it is expedient in his interests that the required special educational provision should be made for him at a school not maintained by them or another local authority.

This subsection applies where the authority are satisfied that education suitable—

to the pupil’s age, ability and aptitude, and

to any special educational needs he may have,

cannot be provided by them for him at any school unless board and lodging are also provided for him (either at school or elsewhere)

As from such day as the Secretary of State may by order appoint this section shall have effect with the following modifications—

in subsections (1) and (3), for “not maintained by them or another local authority” substitute “which is neither a maintained nor a grant-maintained school”;

in subsection (3), for “every school maintained by them or another local authority” substitute “every maintained or grant-maintained school”;

in subsections (3) and (5), for “provided by them” substitute “provided”;

omit subsection (4) and the reference to it in subsection (1); and

In this section “grant-maintained school” includes a grant-maintained special school, and subsection (5) does not apply where section 348(2) applies.

An order under subsection (6) may appoint different days for different provisions and for different purposes.

In this section as it applies where a local authority in Wales makes arrangements under section 18 for primary or secondary education to be provided for a pupil at a school not maintained by a local authority⁠—

references to special educational needs are to be interpreted as references to additional learning needs, and

references to special educational provision are to be interpreted as references to additional learning provision.

Subsection (5) does not apply where board and lodging is secured for a pupil under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018.

Payment of school expenses; grant of scholarships, etc.

A local 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—

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,

grant scholarships, exhibitions, bursaries and other allowances in respect of persons over compulsory school age.

Regulations may make provision—

for requiring a local 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

for authorising an authority to determine not to exercise that power in a financial year—

generally,

in such cases as may be prescribed, or

in such cases as may be determined by the authority.

Allowances for governors

Travelling and subsistence allowances for governors of schools and further or higher education institutions.

A local authority may, in accordance with the provisions of a scheme made by them for the purposes of this section, pay such allowances as may be prescribed to governors of—

any community, foundation or voluntary school or community or foundation special school which does not have a delegated budget (within the meaning of Part II of the School Standards and Framework Act 1998); and

any institution providing higher education or further education (or both) which is maintained by a local authority.

Such a scheme may make different provision in relation to schools or other institutions of different categories (including provision for allowances not to be paid in respect of certain categories) but shall not make different provision in relation to different categories of governor of the same school or institution.

Subject to subsections (4) and (5), a local authority may pay such allowances as may be prescribed to any person appointed to represent them on the governing body of—

any institution providing higher education or further education (or both) which is not maintained by them; or

any independent school, alternative provision Academy which is not an independent school or special school which is not maintained by them.

A local authority shall not pay any allowance under subsection (3) for expenses in respect of which the person incurring them is entitled to reimbursement by any person other than the authority.

A local authority shall not pay any allowance under subsection (3) if they have not made any scheme under subsection (1) or if the arrangements under which the allowance would otherwise be payable—

provide for allowances which are to any extent more generous than the most generous payable by the authority under any such scheme; or

contain any provision which the authority would not have power to include in any such scheme.

No allowance may be paid to any governor of a school or institution of a kind mentioned in subsection (1), in respect of the discharge of his functions as such a governor, otherwise than under this section.

Regulations may impose a limit on the amount which may be paid by way of any allowance under this section.

Medical arrangements

Medical inspection and treatment of pupils.

A local authority shall make arrangements for encouraging and assisting pupils to take advantage of the provision for medical and dental inspection and treatment made for them in pursuance of

section 111 of, or paragraph 1, 2(1)(a) or 8 of Schedule 1 to, the National Health Service Act 2006, or

section 67 of, or paragraph 1, 2(1)(a) or 8 of Schedule 1 to, the National Health Service (Wales) Act 2006

If the parent of a pupil gives notice to the authority that he objects to the pupil availing himself of any of the provision so made, the pupil shall not be encouraged or assisted to do so.

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Cleanliness of pupils

Examination of pupils for cleanliness.

A local authority may by directions in writing authorise a medical officer of theirs to have the persons and clothing of pupils in attendance at relevant schools examined whenever in his opinion such examinations are necessary in the interests of cleanliness.

Directions under subsection (1) may be given with respect to—

all relevant schools, or

any relevant schools named in the directions.

An examination under this section shall be made by a person authorised by the authority to make such examinations; and, if the examination is of a girl, it shall not be made by a man unless he is a registered medical practitioner.

For the purposes of this section “relevant schools” are—

schools maintained by the authority; . . .

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Compulsory cleansing of a pupil.

If, on an examination under section 521, the person or clothing of a pupil is found to be infested with vermin or in a foul condition, any officer of the local authority may serve a notice on the pupil’s parent requiring him to cause the pupil’s person and clothing to be cleansed.

The notice shall inform the parent that, unless within the period specified in the notice the pupil’s person and clothing are cleansed to the satisfaction of such person as is specified in the notice, the cleansing will be carried out under arrangements made by the authority.

The period so specified shall not be less than 24 hours from the service of the notice.

If, on a report being made to him by the specified person at the end of the specified period, a medical officer of the authority is not satisfied that the pupil’s person and clothing have been properly cleansed, he may by order direct that they shall be cleansed under arrangements made by the authority under section 523.

An order made under subsection (4) shall be sufficient to authorise any officer of the authority—

to cause the pupil’s person and clothing to be cleansed in accordance with arrangements made by the authority under section 523, and

for that purpose to convey the pupil to, and detain him at, any premises provided in accordance with such arrangements.

Arrangements for cleansing of pupils.

A local authority shall make arrangements for securing that the person or clothing of any pupil required to be cleansed under section 522 may be cleansed (whether at the request of a parent or in pursuance of an order under section 522(4)) at suitable premises, by suitable persons and with suitable appliances.

Where the council of a district in the area of the authority are entitled to the use of any premises or appliances for cleansing the person or clothing of persons infested with vermin, the authority may require the council to permit the authority to use those premises or appliances for such purposes upon such terms as may be determined—

by agreement between the authority and the council, or

in default of such agreement, by the Secretary of State.

Subsection (2) does not apply in relation to Wales.

A girl may be cleansed under arrangements under this section only by a registered medical practitioner or by a woman authorised for the purpose by the authority.

Suspension of a pupil pending examination or cleansing.

Where—

a medical officer of a local authority suspects that the person or clothing of a pupil in attendance at a relevant school is infested with vermin or in a foul condition, but

action for the examination or cleansing of the pupil’s person and clothing cannot be taken immediately,

the medical officer may direct that the pupil is to be suspended from the school until such action has been taken, if he considers it necessary to do so in the interests either of the pupil or of other pupils in attendance at the school.

A direction under subsection (1) is a defence to any proceedings under Chapter II of Part VI in respect of the failure of the pupil to attend school on any day on which he is excluded in pursuance of the direction, unless it is proved that the giving of the direction was necessitated by the wilful default of the pupil or his parent.

For the purposes of this section a “relevant school” is—

a school maintained by the local authority, . . .

. . .

Offence of neglecting the cleanliness of a pupil.

If, after the person or clothing of a pupil has been cleansed under section 522—

his person or clothing is again infested with vermin, or in a foul condition, at any time while he is in attendance at a relevant school, and

the condition of his person or clothing is due to neglect on the part of his parent,

the parent is guilty of an offence.

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

For the purposes of this section a “relevant school” is a school maintained by a local authority . . ..

Educational research and conferences

Powers as to educational research.

A local authority may make such provision for conducting, or assisting the conduct of, research as appears to them to be desirable for the purpose of improving the educational facilities provided for their area.

Powers as to educational conferences.

A local authority may—

organise, or participate in the organisation of, conferences for the discussion of questions relating to education, and

expend such sums as may be reasonable in paying, or contributing towards, any expenditure incurred in connection with conferences for the discussion of such questions, including the expenses of any person authorised by them to attend such a conference.

Plans relating to children with behavioural difficulties

Duty of local authority to prepare plan relating to children with behavioural difficulties.

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Disability statements relating to further education

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Acquisition and holding of property

Power to accept gifts on trust for educational purposes.

A local authority may accept, hold and administer any property on trust for purposes connected with education.

Any intention on the part of a local authority in England that a school should be vested in the authority as trustees shall be treated for the purposes of sections 7, 10 and 11 of the Education and Inspections Act 2006 as an intention to establish a new community school, community special school or maintained nursery school (so that proposals for that purpose shall be published in accordance with those sections); and Schedule 2 to that Act (proposals for establishment or discontinuance of schools in England) shall apply accordingly.

Any intention on the part of a local authority in Wales that a school ... should be vested in the authority as trustees shall be treated for for the purposes of sections 28 and 31 of the School Standards and Framework Act 1998 41 and 44 of the School Standards and Organisation (Wales) Act 2013 as an intention to establish a new community school, community special school or maintained nursery school (so that proposals for that purpose shall be published as required by those sections); and Schedule 6 to that Act (statutory proposals concerning schools in Wales and sections 48 to 55 of, and Schedule 3 to, that Act (school organisation proposals : procedure and implementation) shall apply accordingly.

Any school which in accordance with subsection (1A) or (2) is vested in a local authority as trustees shall be a community school. , a community special school or a maintained nursery school.

Compulsory purchase of land.

The Secretary of State may authorise a local authority to purchase compulsorily any land (whether within or outside their area) which—

is required for the purposes of any school or institution which is, or is to be, maintained by them or which they have power to assist, or

is otherwise required for the purposes of their functions under this Act, or

is required for the purposes of an Academy (whether established or to be established).

The Secretary of State shall not authorise the compulsory purchase of any land required for the purposes of a foundation, voluntary or foundation special school unless he is satisfied that the arrangements made—

as to the vesting of the land to be purchased, and

as to the appropriation of that land for the purposes of the school,

are such as to secure that the expenditure ultimately borne by the local authority will not include any expenditure which, if the land had been purchased by the governing body of the school, would have fallen to be borne by the governing body.

Subsection (2) shall not, however, apply where the local authority propose that expenditure to be incurred in connection with the purchase should ultimately be borne by them—

in the case of an authority in England, ... under any provision of regulations under section 24 of the Education and Inspections Act 2006 (implementation of proposals under section 19 of that Act) which by virtue of subsection (7) of section 24 of that Act authorises a local authority to provide assistance to the governing body of a voluntary aided school in connection with the implementation of the obligations of the governing body under the regulations, or

in the case of an authority in Wales, under paragraph 18 of Schedule 6 to the School Standards and Framework Act 1998 (power to give assistance to governing body of voluntary aided school in carrying out statutory proposals) (including that provision as applied by any enactment). paragraph 9 of Schedule 3 to the School Standards and Organisation (Wales) Act 2013 (assistance in respect of maintenance and other obligations relating to voluntary aided schools) ...

In this section “land” includes buildings and other structures and land covered with water.

Acquisition of land by agreement.

For the removal of doubt, it is declared that making land available for the purposes of a school or institution—

which is, or is to be, maintained by a local authority, or

which such an authority have power to assist,

is a function of the authority within the meaning of section 120 of the Local Government Act 1972 (which relates to the acquisition by a local authority by agreement of land for the purpose of any of their functions), even though the land will not be held by the authority.

A local authority shall not acquire by agreement any land required for the purposes of foundation, voluntary or foundation special school unless they are satisfied that the arrangements made—

as to the vesting of the land to be acquired, and

as to the appropriation of that land for the purposes of the school,

are such as to secure that the expenditure ultimately borne by them will not include any expenditure which, if the land had been acquired by the governing body of the school, would have fallen to be borne by the governing body.

Appointment of chief education officer

Appointment of chief education officer.

The duties of a local authority in Wales under the Local Government Act 1972 with respect to the appointment of officers shall (without prejudice to the generality of the provisions of that Act) include the duty of appointing a fit person to be the chief education officer of the authority.

Direct payments

Persons with special educational needs ...

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Pilot schemes

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Pilot schemes: local authorities and duration

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Ancillary functions of governing bodies

Provision of services

Functions of governing bodies of maintained schools with respect to provision of school meals etc.

The governing body of any school maintained by a local authority shall—

afford the authority such facilities as they require to enable them to perform their functions under section 512, and

allow the authority to make such use of the premises and equipment of the school, and such alterations to the school buildings, as the authority consider necessary for that purpose.

Nothing in subsection (1) shall require the governing body of any such school to incur any expenditure.

Where the governing body of a school which has a delegated budget (within the meaning of Part II of the School Standards and Framework Act 1998) provide pupils or other persons who receive education at the school with milk, meals or other refreshment, they may charge for anything so provided.

Where the governing body of a school in England exercise the power to charge under subsection (3), the price they charge for an item must not exceed the cost of providing that item.

Where the governing body of a school exercise the power to charge under subsection (3), they must charge every person the same price for the same quantity of the same item.

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Provision of teaching services for day nurseries.

Subject to subsection (2), the governing body of a community, foundation or voluntary primary school having one or more nursery classes may, in accordance with arrangements made by them for that purpose, make available to a day nursery in England or Wales or to a registered early years provider in England the services of any teacher who is employed by them in the school and has agreed to provide his services for the purposes of the arrangements.

No arrangements shall be made under subsection (1) except at the request of the local authority and on terms approved by them.

Arrangements under this section may make provision—

for the supply of equipment for use in connection with the teaching services made available under the arrangements,

for any supplementary or incidental matters connected with the arrangements, including—

in relation to England, any charges to be imposed in connection with the arrangements, and

in relation to Wales, where the teacher's school and the day nursery are in the areas of different local authorities , financial adjustments between those authorities.

In this section—

“registered early years provider” means a person registered under Part 3 of the Childcare Act 2006.

Medical arrangements

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Provision of information by governing bodies etc.

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

The Secretary of State may by regulations make provision requiring—

the governing body of every school which is—

maintained by a local authority, or

a special school which is not maintained by such an authority, and

the proprietor of every

independent school, or

alternative provision Academy which is not an independent school,

to provide such information about the school as may be prescribed.

For the purposes of this section information about the continuing education of pupils leaving a school, or the employment or training taken up by such pupils on leaving, is to be treated as information about the school.

Where the Secretary of State exercises his power to make regulations under this section he shall do so with a view to making available information which is likely to—

assist parents in choosing schools for their children;

increase public awareness of the quality of the education provided by the schools concerned and of the educational standards achieved in those schools; or

assist in assessing the degree of efficiency with which the financial resources of those schools are managed.

Information which is required by virtue of regulations under this section shall be provided—

in such form and manner,

on such occasions, and

to such person or persons, in addition to or in place of the Secretary of State,

as may be prescribed ; and regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Secretary of State is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement of such regulations relating to the provision of information to the Secretary of State..

No information provided in accordance with regulations under this section shall name any pupil to whom it relates.

The Secretary of State may—

publish information provided in accordance with regulations under this section in such form and manner as he considers appropriate;

make arrangements for such information to be published in such form and manner, and by such persons, as he may specify for the purposes of this section;

make regulations requiring local authorities to publish prescribed categories of such information, together with such supplementary information as may be prescribed, in such form and manner as may be prescribed.

The Secretary of State may make regulations requiring—

the governing body of any school which is maintained by a local authority . . .,

the proprietor of any city technology college , city college for the technology of the arts or Academy, or

any local authority,

to provide prescribed persons with prescribed categories of information published under subsection (6).

Information provided under subsection (7) shall be provided in such form and manner as may be prescribed.

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Without prejudice to the generality of section 569(4), regulations under this section may make provision for the designation by the Secretary of State, in accordance with the regulations, of particular schools or classes of schools for the purposes of the application of particular provisions of the regulations in relation to such schools.

This section is not to be taken as restricting, or otherwise affecting, any other powers that the Secretary of State may have to make regulations with respect to, or otherwise to require, the provision of information by any person.

This section does not apply to nursery schools.

Provision of information about individual pupils.

Regulations may make provision requiring—

the governing body of every school which is—

maintained by a local authority, or

a special school which is not maintained by such an authority, and

the proprietor of every

independent school, or

alternative provision Academy that is not an independent school,

to provide to the relevant person such individual pupil information as may be prescribed.

In subsection (1) “the relevant person” means one or more of the following—

the Secretary of State, and

any prescribed person.

Where any person within paragraph (b) of subsection (2) receives information by virtue of subsection (1), the Secretary of State may require that person to provide any such information—

to him, or

to any prescribed person.

The Secretary of State may provide any individual pupil information—

to any information collator,

to any prescribed person, or

to any person falling within a prescribed category.

Any information collator—

may provide any individual pupil information—

to the Secretary of State,

to any other information collator, or

to the governing body or proprietor of the school attended by the pupil or pupils to whom the information relates; and

may, at such times as the Secretary of State may determine, provide such individual pupil information as may be prescribed—

to any prescribed person, or

to any person falling within a prescribed category.

Any person holding any individual pupil information (other than the Secretary of State or an information collator) may provide that information to—

the Secretary of State,

any information collator, or

any prescribed person.

No information received under or by virtue of this section shall be published in any form which includes the name of the pupil or pupils to whom it relates.

Regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Secretary of State is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement imposed by or by virtue of any such provision and relating to the provision of information to the Secretary of State.

In this section—

“individual pupil information” means information relating to and identifying individual pupils or former pupils at any school within subsection (1), whether obtained under subsection (1) or otherwise;

“information collator” means any body which, for the purposes of or in connection with the functions of the Secretary of State relating to education, is responsible for collating or checking information relating to pupils.

Provision of information about children receiving funded education outside school

Regulations may make provision requiring a person who provides funded education to provide to the relevant person such individual child information as may be prescribed.

In subsection (1), “the relevant person” means one or more of the following—

the Secretary of State, and

any prescribed person.

Where any person within paragraph (b) of subsection (2) receives information by virtue of subsection (1), the Secretary of State may require that person to provide any such information—

to him, or

to any prescribed person.

The Secretary of State may provide any individual child information—

to any information collator,

to any prescribed person, or

to any person falling within a prescribed category.

Any information collator—

may provide any individual child information—

to the Secretary of State,

to any other information collator, or

to the person who provides the funded education for the child or children to whom the information relates, and

may, at such times as the Secretary of State may determine, provide such individual child information as may be prescribed—

to any prescribed person, or

to any person falling within a prescribed category.

Any person holding any individual child information (other than the Secretary of State or an information collator) may provide that information to—

the Secretary of State,

any information collator, or

any prescribed person.

No information received under or by virtue of this section shall be published in any form which includes the name of the child or children to whom it relates.

In this section—

“child” means a person under the age of 19;

“funded education” means education provided under arrangements made by a local authority in pursuance of the duties imposed by section 19(1) and (4) or section 19A(1) and (4) (duty to make special arrangements for provision of education for children of compulsory school age and young persons who may otherwise not receive suitable education), other than such education provided at a school;

“individual child information” means information relating to and identifying individual children for whom funded education is being or has been provided, whether obtained under subsection (1) or otherwise;

“information collator” means any body which, for the purposes of or in connection with the functions of the Secretary of State relating to funded education, is responsible for collating or checking information relating to children for whom such education is provided.

Disclosure of information by or to principal regulators of exempt charities

Nothing in any provision made by or under section 537, 537A or 537B requires or authorises the provision of information—

by the principal regulator of an exempt charity (within the meaning of section 25 of the Charities Act 2011), if the information was received by that principal regulator in its capacity as such; or

to the principal regulator of an exempt charity in its capacity as such.

Nothing in subsection (1) prevents the disclosure of information under section 56 or 57 of the Charities Act 2011.

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

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

Power to direct participation in international surveys

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

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Distribution of information about schools providing secondary education.

Where the governing body of any school providing primary education receive a request which—

is made by the governing body of any school providing secondary education, and

relates to the distribution of information about the school providing secondary education to parents of pupils at the school providing primary education without charge to those parents,

the governing body of that school shall secure that the request is treated no less favourably (whether as to services provided or as to the terms on which they are provided) than any such request made by the governing body of any other school providing secondary education.

In this section “school” means—

any community, foundation or voluntary school, or

any community or foundation special school (which is not established in a hospital).

Distribution of information about further education institutions.

The Secretary of State may by regulations require—

the governing body of any school providing secondary education, and

the proprietor of any city technology college , city college for the technology of the arts or Academy,

to provide such persons as may be prescribed with such categories of information falling within subsection (2) as may be prescribed.

Information falls within this subsection if it is—

published under section 50 of the Further and Higher Education Act 1992 (information with respect to institutions within the further education sector), and

made available to governing bodies and proprietors for distribution.

Information provided under subsection (1) shall be provided in such form and manner as may be prescribed.

In this section “school” means—

any community, foundation or voluntary school, or

any community or foundation special school (which is not established in a hospital).

Miscellaneous and general

Educational premises

Required standards for educational premises

Prescribed standards for school premises.

Regulations shall prescribe the standards to which the premises of schools maintained by local authorities . . . are to conform; and without prejudice to the generality of section 569(4) different standards may be prescribed for such descriptions of schools as are specified in the regulations.

Where a school is maintained by a local authority , the authority shall secure that the school premises conform to the prescribed standards.

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subsection (2) has effect subject to section 543.

Relaxation of prescribed standards in special cases.

Where subsection (2), (3) , (4) or (4A) applies in relation to a school, the Secretary of State may direct that, despite the fact that the prescribed requirement referred to in that subsection is not satisfied, the school premises shall be taken, as respects the matters specified in the direction, to conform to the standards prescribed under section 542 so long as—

the direction remains in force, and

any conditions specified in the direction as respects those matters are observed.

This subsection applies if the Secretary of State is satisfied, having regard—

to the nature of the school’s existing site,

to any existing buildings on the site, or

to other special circumstances affecting the school premises,

that it would be unreasonable to require conformity with any prescribed requirement as to any matter.

This subsection applies if—

the school is to have an additional or new site, and

the Secretary of State is satisfied, having regard to the shortage of suitable sites, that it would be unreasonable to require conformity with any prescribed requirement relating to sites.

This subsection applies if—

the school is to have additional buildings, or is to be transferred to a new site,

existing buildings not previously part of the school premises, or temporary buildings, are to be used for that purpose, and

the Secretary of State is satisfied, having regard to the need to control public expenditure in the interests of the national economy, that it would be unreasonable to require conformity with any prescribed requirement relating to buildings.

This subsection applies, in relation to any playing fields used by the school for the purposes of the school, if the Secretary of State is satisfied that, having regard to other facilities for physical education available to the school, it would be unreasonable to require conformity with any prescribed requirement relating to playing fields.

In this subsection “playing fields” has the same meaning as in section 77 of the School Standards and Framework Act 1998 (control of disposals or changing use of school playing fields).

In this section “prescribed requirement” means a requirement of regulations under section 542.

Approval etc. of school premises and boarding hostels.

Regulations may make provision requiring the Secretary of State’s approval . . . to be obtained for the provision of new premises for, or the alteration of the premises of—

any school to which this section applies, or

any boarding hostel provided by a local authority for persons receiving education at any such school.

Regulations may make provision for the inspection of any such hostel.

The schools to which this section applies are—

any school maintained by a local authority, and

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any special school not maintained by a local authority.

Exemption from building byelaws of approved buildings.

Where plans for, or particulars in respect of, a building required for the purposes of any school or other educational institution are approved by the Secretary of State, he may by order direct that any provision of a local Act or of a byelaw made under such an Act—

shall not apply in relation to the building, or

shall apply in relation to it with such modifications as may be specified in the order.

The reference in subsection (1) to plans or particulars approved by the Secretary of State includes a reference to—

particulars submitted to and approved by him under regulations under section 544 ..., . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Control of potentially harmful materials and apparatus

Control of potentially harmful materials and apparatus in schools.

Regulations may make provision for requiring the Secretary of State’s approval to be obtained for the use in schools to which this section applies of such materials or apparatus as may be specified in the regulations, being materials or apparatus which could or might involve a serious risk to health.

The schools to which this section applies are—

any school maintained by a local authority, and

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

any special school not maintained by a local authority.

Nuisance or disturbance on school premises

Nuisance or disturbance on school premises.

Any person who without lawful authority is present on premises to which this section applies and causes or permits nuisance or disturbance to the annoyance of persons who lawfully use those premises (whether or not any such persons are present at the time) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

This section applies to premises, including playgrounds, playing fields and other premises for outdoor recreation, of—

any school maintained by a local authority, . . .

any special school not so maintained, ...

any independent school, and

any alternative provision Academy that is not an independent school

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This section also applies to any premises which are—

provided by a local authority under section 507A or 507B (if the authority are in England) or section 508 (if the authority are in Wales), and

used wholly or mainly in connection with the provision of instruction or leadership in sporting, recreational or outdoor activities.

If—

a police constable, or

(subject to subsection (5)) a person whom the appropriate authority has authorised to exercise the power conferred by this subsection,

has reasonable cause to suspect that any person is committing or has committed an offence under this section, he may remove him from the premises in question.

In subsection (3) “the appropriate authority” means—

in relation to premises of a foundation, voluntary aided or foundation special school, a local authority or the governing body,

in relation to—

premises of any other school maintained by a local authority, and

premises provided by a local authority as mentioned in subsection (2A),

a local authority, and

in relation to premises of a special school which is not so maintained or of an independent school or an alternative provision Academy that is not an independent school, the proprietor of the school.

A local authority may not authorise a person to exercise the power conferred by subsection (3) in relation to premises of a foundation, voluntary or foundation special school without first obtaining the consent of the governing body.

No proceedings for an offence under this section shall be brought by any person other than—

a police constable, or

an authorised person.

In subsection (6) “authorised person” means—

in relation to an offence committed on premises of a foundation, voluntary aided or foundation special school, a local authority or a person whom the governing body have authorised to bring such proceedings,

in relation to an offence committed—

on premises of any other school maintained by a local authority, or

on premises provided by a local authority as mentioned in subsection (2A),

a local authority, and

in relation to an offence committed on premises of a special school which is not so maintained or of an independent school, or an alternative provision Academy that is not an independent school, a person whom the proprietor of the school has authorised to bring such proceedings.

A local authority may not bring proceedings for an offence under this section committed on premises of a foundation, voluntary or foundation special school without first obtaining the consent of the governing body.

PUNISHMENT AND RESTRAINT OF PUPILS

Corporal punishment

No right to give corporal punishment.

Corporal punishment given by, or on the authority of, a member of staff to a child—

for whom education is provided at any school, or

for whom education is provided, otherwise than at school, under any arrangements made by a local authority, or

for whom specified early years education is provided otherwise than at school,

cannot be justified in any proceedings on the ground that it was given in pursuance of a right exercisable by the member of staff by virtue of his position as such.

Subsection (1) applies to corporal punishment so given to a child at any time, whether at the school or other place at which education is provided for the child, or elsewhere.

The following provisions have effect for the purposes of this section.

Any reference to giving corporal punishment to a child is to doing anything for the purpose of punishing that child (whether or not there are other reasons for doing it) which, apart from any justification, would constitute battery.

However, corporal punishment shall not be taken to be given to a child by virtue of anything done for reasons that include averting—

an immediate danger of personal injury to, or

an immediate danger to the property of,

any person (including the child himself).

“Member of staff”, in relation to the child concerned, means—

any person who works as a teacher at the school or other place at which education is provided for the child, or

any other person who (whether in connection with the provision of education for the child or otherwise)—

works at that school or place, or

otherwise provides his services there (whether or not for payment),

and has lawful control or charge of the child.

“Child” (except in subsection (8)) means a person under the age of 18.

“Specified early years education” means—

in relation to England, early years provision as defined by section 20 of the Childcare Act 2006 which is

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

in relation to Wales, full-time or part-time education suitable for children who have not attained compulsory school age which is provided—

by a local authority in Wales, or

by any other person who is in receipt of financial assistance given by such an authority under arrangements made by them in pursuance of the duty imposed by section 118 of the School Standards and Framework Act 1998.

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Power to restrain pupils

Power of members of staff to restrain pupils.

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Powers to search pupils

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

This section applies where a member of staff of a school in England—

has reasonable grounds for suspecting that a pupil at the school may have a prohibited item with him or her or in his or her possessions; and

falls within section 550ZB(1).

The member of staff may search the pupil (“P”) or P's possessions for that item.

For the purposes of this section and section 550ZC each of the following is a “prohibited item”—

an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc);

an offensive weapon, within the meaning of the Prevention of Crime Act 1953;

alcohol, within the meaning of section 191 of the Licensing Act 2003;

a controlled drug, within the meaning of section 2 of the Misuse of Drugs Act 1971, which section 5(1) of that Act makes it unlawful for P to have in P's possession;

a stolen article;

an article that the member of staff reasonably suspects has been, or is likely to be, used—

to commit an offence, or

to cause personal injury to, or damage to the property of, any person (including P);

an article of a kind specified in regulations.

any other item which the school rules identify as an item for which a search may be made.

In subsection (3)(e) “stolen”, in relation to an article, has the same meaning as it has by virtue of section 24 of the Theft Act 1968 in the provisions of that Act relating to goods which have been stolen.

In subsection (3)(ea)(i), “offence” includes anything that would be an offence but for the operation of any presumption that a person under a particular age is incapable of committing an offence.

In subsection (3)(g), the “school rules” means—

in the case of a maintained school or a non-maintained special school, rules in force at the school that are made under measures determined and publicised by the head teacher under section 89 of the Education and Inspections Act 2006;

in the case of any other school, measures relating to discipline in the school that are determined and publicised in accordance with regulations.

In subsection (4B)(a)—

“maintained school” means—

a community, foundation or voluntary school,

a community or foundation special school,

a maintained nursery school, or

a pupil referral unit;

“non-maintained special school” means a school that is approved under section 342.

In this section and section 550ZB—

“member of staff”, in relation to a school, means—

any teacher who works at the school; and

any other person who, with the authority of the head teacher, has lawful control or charge of pupils for whom education is being provided at the school;

“possessions”, in relation to P, includes any goods over which P has or appears to have control.

The powers conferred by this section and sections 550ZB and 550ZC are in addition to any powers exercisable by the member of staff in question apart from those sections and are not to be construed as restricting such powers.

Power of search under section 550ZA: supplementary

A person may carry out a search under section 550ZA only if that person—

is the head teacher of the school; or

has been authorised by the head teacher to carry out the search.

An authorisation for the purposes of subsection (1)(b) may be given in relation to—

searches under section 550ZA generally;

a particular search under that section;

a particular description of searches under that section.

Nothing in any enactment, instrument or agreement shall be construed as authorising a head teacher of a school in England to require a person other than a member of the security staff of the school to carry out a search under section 550ZA.

A search under section 550ZA may be carried out only where—

the member of staff and P are on the premises of the school; or

they are elsewhere and the member of staff has lawful control or charge of P.

A person exercising the power in section 550ZA to search for an item within section 550ZA(3)(a) to (f) may use such force as is reasonable in the circumstances for exercising that power.

A person carrying out a search of P under section 550ZA—

may not require P to remove any clothing other than outer clothing;

must be of the same sex as P, unless the condition in subsection (6A) is satisfied;

may carry out the search only in the presence of another member of staff, unless the condition in subsection (6A) is satisfied; and

must ensure that the other member of staff is of the same sex as P if it is reasonably practicable to do so.

The condition is satisfied if—

the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency, and

in the time available it is not reasonably practicable for the search to be carried out by a person of the same sex as P or in the presence of another member of staff (as the case may be).

P's possessions may not be searched under section 550ZA except in the presence of—

P; and

another member of staff, unless the condition in subsection (7A) is satisfied.

The condition is satisfied if—

the person carrying out the search reasonably believes that there is a risk that serious harm will be caused to a person if the search is not carried out as a matter of urgency, and

in the time available it is not reasonably practicable for the search to be carried out in the presence of another member of staff.

In this section—

“member of the security staff”, in relation to a school, means a member of staff whose work at the school consists wholly or mainly of security-related activities;

“outer clothing” means—

any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; or

a hat, shoes, boots, gloves or a scarf.

Power to seize items found during search under section 550ZA

A person carrying out a search under section 550ZA may seize any of the following found in the course of the search—

anything which that person has reasonable grounds for suspecting is a prohibited item;

any other thing which that person has reasonable grounds for suspecting is evidence in relation to an offence.

A person exercising the power in subsection (1) to seize an item within section 550ZA(3)(a) to (f) or anything within subsection (1)(b) may use such force as is reasonable in the circumstances for exercising that power.

A person who seizes alcohol under subsection (1) may retain or dispose of the alcohol and its container.

A person who seizes a controlled drug under subsection (1)—

must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but

may dispose of it if the person thinks that there is a good reason to do so.

A person who seizes a stolen article under subsection (1)—

must (subject to paragraph (b)) deliver it to a police constable as soon as reasonably practicable; but

may return it to its owner (or, if returning it to its owner is not practicable, may retain it or dispose of it) if the person thinks that there is a good reason to do so.

In determining, for the purposes of subsections (4) and (5), whether there is a good reason to dispose of a controlled drug or to return a stolen article to its owner, retain it or dispose of it, the person must have regard to any guidance issued by the Secretary of State.

A person who seizes an item that is a prohibited item by virtue of section 550ZA(3)(ea) (article used in commission of offence or to cause personal injury or damage to property) under subsection (1) must—

deliver the item to a police constable as soon as reasonably practicable,

return the item to its owner,

retain the item, or

dispose of the item.

A person who seizes an item that is a prohibited item by virtue of section 550ZA(3)(g) (item for which search may be made under school rules) under subsection (1) must return it to its owner, retain it or dispose of it.

In deciding what to do with an item under subsection (6A) or (6B), the person who seized it must have regard to guidance issued for the purpose of this section by the Secretary of State.

Subsections (6E) and (6F) apply to an item that—

has been seized under subsection (1),

is a prohibited item by virtue of section 550ZA(3)(ea) or (g), and

is an electronic device.

The person who seized the item may examine any data or files on the device, if the person thinks there is a good reason to do so.

Following an examination under subsection (6E), if the person has decided to return the item to its owner, retain it or dispose of it, the person may erase any data or files from the device if the person thinks there is a good reason to do so.

In determining whether there is a good reason for the purposes of subsection (6E) or (6F), the person must have regard to any guidance issued for the purposes of this section by the Secretary of State.

Regulations may prescribe what must or may be done by a person who, under subsection (1), seizes an article of a kind specified in regulations under section 550ZA(3)(f) (or an article which the person has reasonable grounds for suspecting to be such an article).

A person who, under subsection (1), seizes—

an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc);

an offensive weapon; or

anything which that person has reasonable grounds for suspecting is evidence in relation to an offence;

must deliver it to a police constable as soon as reasonably practicable.

Subsection (8)(c) is subject to subsections (3), (4), (5) and (6A) and regulations made under subsection (7).

In subsections (3) to (8), references to alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies and an offensive weapon include references to anything which the person has reasonable grounds for suspecting is alcohol, a controlled drug, a stolen article, an article to which section 139 of the Criminal Justice Act 1988 applies or an offensive weapon.

Section 550ZC: supplementary

The Police (Property) Act 1897 (disposal of property in the possession of the police) applies to property which has come into the possession of a police constable under section 550ZC(4)(a), (5)(a), (6A)(a) or (8) as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.

Subsection (3) applies where a person—

seizes, retains or disposes of an item within subsection (2A) under section 550ZC; and

proves that the seizure, retention or disposal was lawful.

The items referred to in subsection (2)(a) are—

alcohol or its container;

a controlled drug;

a stolen article;

an item that is a prohibited item by virtue of section 550ZA(3)(ea) or (g).

Subsection (3) also applies where a person—

erases data or a file from an electronic device under section 550ZC(6F); and

proves that the erasure was lawful.

That person is not liable in any proceedings in respect of—

the seizure, retention, disposal or erasure; or

any damage or loss which arises in consequence of it.

Subsections (2), (2B) and (3) do not prevent any person from relying on any defence on which the person is entitled to rely apart from those subsections.

Regulations under section 550ZC(7) may make provision corresponding to any provision of this section.

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

A member of the staff of a school in Wales who has reasonable grounds for suspecting that a pupil at the school may have with him or in his possessions—

an article to which section 139 of the Criminal Justice Act 1988 applies (knives and blades etc.), or

an offensive weapon (within the meaning of the Prevention of Crime Act 1953),

may search that pupil or his possessions for such articles and weapons.

A search under this section may be carried out only where—

the member of the staff and the pupil are on the premises of the school; or

they are elsewhere and the member of the staff has lawful control or charge of the pupil.

A person may carry out a search under this section only if—

he is the head teacher of the school; or

he has been authorised by the head teacher to carry out the search.

Nothing in any enactment, instrument or agreement shall be construed as authorising a head teacher of a school in Wales to require a person other than a member of the security staff of the school to carry out a search under this section.

A person who carries out a search of a pupil under this section—

may not require the pupil to remove any clothing other than outer clothing;

must be of the same sex as the pupil; and

may carry out the search only in the presence of another member of the staff who is also of the same sex as the pupil.

A pupil's possessions may not be searched under this section except in his presence and in the presence of another member of the staff.

If, in the course of a search under this section, the person carrying out the search finds—

anything which he has reasonable grounds for suspecting falls within subsection (1)(a) or (b), or

any other thing which he has reasonable grounds for suspecting is evidence in relation to an offence,

he may seize and retain it.

A person who exercises a power under this section may use such force as is reasonable in the circumstances for exercising that power.

A person who seizes anything under subsection (7) must deliver it to a police constable as soon as reasonably practicable.

The Police (Property) Act 1897 (disposal of property in the possession of the police) shall apply to property which has come into the possession of a police constable under this section as it applies to property which has come into the possession of the police in the circumstances mentioned in that Act.

An authorisation for the purposes of subsection (3)(b) may be given either in relation to a particular search or generally in relation to searches under this section or to a particular description of such searches.

In this section—

“member of the staff”, in relation to a school, means—

any teacher who works at the school; and

any other person who, with the authority of the head teacher, has lawful control or charge of pupils for whom education is being provided at the school;

“member of the security staff” means a member of the staff whose work at the school consists wholly or mainly of security-related activities;

“outer clothing” means—

any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear; or

a hat, shoes, boots, gloves or a scarf;

“possessions”, in relation to a pupil of a school, includes any goods over which he has or appears to have control.

The powers conferred by this section are in addition to any powers exercisable by the member of the staff in question apart from this section and are not to be construed as restricting such powers.

Detention

Detention outside school hours lawful despite absence of parental consent.

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Guidance on mobile phones etc: schools in England

Guidance on use of mobile phones etc in schools in England

The appropriate person for a school in England must have regard to guidance described in subsection (2) in exercising functions in relation to the conduct of the school.

The guidance referred to in subsection (1) is guidance issued from time to time by the Secretary of State about registered pupils at schools having mobile phones and other personal interactive communication devices with them, and using them—

during school hours, and

on school premises.

Subsections (4) to (6) apply for the purposes of this section.

“Appropriate person” means—

for the following kinds of school, the head teacher—

a community, foundation or voluntary school;

a community or foundation special school;

a maintained nursery school;

a pupil referral unit;

a school approved by the Secretary of State under section 342 (approval of non-maintained special schools);

for any other kind of school, the proprietor.

“School hours”, in relation to a school, means any time between the start of the first school session on a school day and the end of the last school session on the same day.

References to mobile phones and other personal interactive communication devices do not include references to devices provided by or on behalf of the appropriate person for a school for use by registered pupils.

Other provisions about schools

Duration of school day etc.

Regulations as to duration of school day etc.

Regulations may make provision with respect to the duration of the school day and school year at, and the granting of leave of absence from, any schools to which this section applies.

In subsection (1) the reference to the duration of the school year at any such schools is a reference to the number of school sessions that must be held during any such year.

The schools to which this section applies are—

any school maintained by a local authority ; and

. . .

any special school not maintained by a local authority.

Costs of school uniforms

Guidance about the costs of school uniforms: England

The Secretary of State must issue guidance to the appropriate authorities of relevant schools in England about the costs aspects of school uniform policies.

In this section “costs aspects of school uniform policies” means any aspects of school uniform policies that the Secretary of State considers relevant to the costs of school uniforms.

The appropriate authority of a relevant school must have regard to guidance issued under this section when developing and implementing a school uniform policy for the school.

The Secretary of State may from time to time revise guidance issued under this section.

In this section “relevant school” means—

an Academy school;

an alternative provision Academy;

a maintained school (within the meaning given by section 437(8));

a non-maintained special school (within the meaning given by section 337A);

a pupil referral unit not established in a hospital.

In this section “the appropriate authority” means—

in relation to an Academy school, an alternative provision Academy or a non-maintained special school, the proprietor;

in relation to a maintained school, the governing body;

in relation to a pupil referral unit, the local authority.

Breakfast clubs

Free breakfast club provision in primary schools in England

The appropriate authority of a relevant school in England must secure that breakfast club provision is available, free of charge, for all qualifying primary pupils at the school.

“Breakfast club provision” means—

the provision of childcare for a period of at least 30 minutes ending immediately before the start of the first school session on each school day, and

the provision of breakfast before the start of the first school session on each school day.

The references in subsection (2) to the provision of childcare and breakfast are to their provision on the school premises or on suitable premises in the vicinity of the school premises.

The duty under subsection (1) does not apply in relation to a relevant school on any school day in which—

there is only one school session, and

that session begins in the afternoon.

Food and drink provided pursuant to subsection (2)(b) may, subject to the applicable food standards duty, take such form as the appropriate authority thinks fit.

In this section and sections 551C and 551D—

“the appropriate authority” means—

in relation to an Academy school, an alternative provision Academy or a non-maintained special school, the proprietor;

in relation to a maintained school, the governing body;

in relation to a pupil referral unit, the local authority which maintains the unit;

“qualifying primary pupil”, in relation to a relevant school, means a junior pupil who is a registered pupil at the school and—

is of compulsory school age, or

is not of compulsory school age but is in reception at the school;

“relevant school” means—

an Academy school,

an alternative provision Academy,

a maintained school,

a non-maintained special school, or

a pupil referral unit,

other than where established in a hospital.

In this section—

“the applicable food standards duty” means—

the duty imposed by section 114A(4) of SSFA 1998 (including as applied in relation to a non-maintained special school by regulations under section 342(4)(a) of this Act), or

in relation to an Academy school or an alternative provision Academy, a duty contained in Academy arrangements relating to the school that is equivalent to the duty imposed by section 114A(4) of SSFA 1998 (see section 512C of this Act);

“childcare” has the meaning given by section 18 of the Childcare Act 2006;

“maintained school” means—

a community, foundation or voluntary school, or

a community or foundation special school;

“non-maintained special school” has the meaning given by section 337A;

“reception” means a year group in which the majority of children will, in the school year, attain the age of 5;

“SSFA 1998” means the School Standards and Framework Act 1998.

Power to exempt schools from duty under section 551B(1)

The Secretary of State may, on an application made by the appropriate authority of a relevant school, by notice given to the appropriate authority designate the school as one to which the duty under section 551B(1) does not apply.

Before making an application under subsection (1), the appropriate authority of a relevant school must consult—

parents of qualifying primary pupils at the school, and

the local authority for the area in which the school is situated.

An application under subsection (1) must be made in accordance with such requirements as may be prescribed.

The Secretary of State may designate a relevant school under subsection (1) only if satisfied that requiring the appropriate authority to discharge the duty under section 551B(1)—

would seriously prejudice the efficient use of resources, or

would be contrary to the best interests of qualifying primary pupils at the school,

having regard to the particular circumstances of the school or of qualifying primary pupils at the school or any other relevant factor.

A designation under subsection (1) has effect for the period specified in the notice under that subsection (and the period may be indefinite).

A designation under subsection (1) may be varied or revoked by a further designation.

The Secretary of State must—

keep a list of relevant schools in relation to which a designation under subsection (1) has effect, and

make the list publicly available.

Guidance in connection with breakfast club provision

The Secretary of State must issue guidance to the appropriate authorities of relevant schools in England with respect to—

the discharge of the duty imposed on those appropriate authorities by section 551B(1);

applications for a designation under section 551C(1);

the exercise by the Secretary of State of the power conferred by section 551C(1).

The appropriate authority of a relevant school in England must have regard to guidance issued under this section in connection with—

the discharge of the duty under section 551B(1);

the making of an application for a designation under section 551C(1).

The Secretary of State may from time to time revise guidance issued under this section.

Single-sex schools

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Educational trusts

Schemes under the Endowed Schools Acts.

Where under any provision (however expressed) of a scheme made under the Endowed Schools Acts 1869 to 1948 the power of the trustees under the scheme to apply any property to which the scheme relates for purposes authorised by the scheme is subject to the approval or order of any other person, the scheme shall have effect as if no such approval or order was required.

The Secretary of State may, on the application of any person whose approval or order would apart from this section be required under such a scheme, direct that the requirement shall continue to have effect despite subsection (1); but no liability shall be taken to have been incurred in respect of any failure before the making of such a direction to obtain any such approval or order.

Religious educational trusts

Power to make new provision as to use of endowments.

This section applies where—

in relation to any time before the appointed day, the premises of a voluntary or grant-maintained school (within the meaning of this Act) have ceased to be used for such a voluntary or (as the case may be) grant-maintained school; or

in relation to any time on or after the appointed day—

the premises of a foundation or voluntary school (within the meaning of the School Standards and Framework Act 1998) have ceased to be used for such a foundation or (as the case may be) voluntary school; or

in the opinion of the Secretary of State it is likely such premises will cease to be so used;

and in this subsection “the appointed day” has the meaning given by section 20(7) of the School Standards and Framework Act 1998.

In such a case the Secretary of State may (subject to sections 555 and 556(1) and (2)) by order make new provision as to the use of any endowment if it is shown either—

that the endowment is or has been held wholly or partly for or in connection with the provision at the school of religious education in accordance with the tenets of a particular religion or religious denomination; or

that the endowment is or has been used wholly or partly for or in connection with the provision at the school of such religious education and that (subject to subsection (4)) the requirements of subsection (3) are fulfilled.

The requirements of this subsection are—

that the school was or has been maintained as a voluntary or grant-maintained school (within the meaning of this Act) or as a foundation or voluntary school (within the meaning of the School Standards and Framework Act 1998) since 1st April 1945 (the date when Part II of the Education Act 1944 came into force); and

that religious education , or teaching and learning in Religion, Values and Ethics, in accordance with the tenets of the religion or denomination concerned—

is, and has been from that date, provided at the school, or

where the premises have ceased to be used for the purposes of the school, was provided at the school from that date until immediately before the premises ceased to be so used,

in pursuance of section 377 or 378 or section 380 or 381 of this Act (or any corresponding earlier enactment) or paragraph 3 or 4 of Schedule 19 to the School Standards and Framework Act 1998 , or in accordance with the Curriculum and Assessment (Wales) Act 2021.

For the purposes of this section—

where in the case of any school falling within subsection (3)(a) it is shown—

that religious education , or teaching and learning in Religion, Values and Ethics, in accordance with the tenets of a particular religion or denomination is provided at the school, or

if the premises have ceased to be used for the purposes of the school, such religious education or teaching and learning in Religion, Values and Ethics was so provided immediately before the premises ceased to be so used,

such religious education or teaching and learning in Religion, Values and Ethics shall be taken to have been provided at the school from 1st April 1945, unless the contrary is shown; and

where religious education or teaching and learning in Religion, Values and Ethics in accordance with such tenets is shown to have been given to any pupils at—

a controlled school (within the meaning of this Act),

a grant-maintained school (within the meaning of this Act) which was a controlled school immediately before it became a grant-maintained school, or

a foundation or voluntary controlled school with a religious character (within the meaning of Part II of the School Standards and Framework Act 1998),

the religious education or teaching and learning in Religion, Values and Ethics shall be taken to have been given to them at the request of their parents, unless the contrary is shown.

For the purposes of this section—

“endowment” includes property not subject to any restriction on the expenditure of capital; and

“shown” means shown to the satisfaction of the Secretary of State.

This section applies where the premises of a non-provided public elementary school ceased before 1st April 1945 to be used for such a school as it applies where the premises of a voluntary school have ceased to be used for such a school.

In this section, and sections 556 and 557, “Religion, Values and Ethics” has the same meaning as in the Curriculum and Assessment (Wales) Act 2021.

Procedure applicable to orders under section 554.

No order shall be made under section 554 except on the application of the persons appearing to the Secretary of State to be the appropriate authority of the religion or denomination concerned.

The Secretary of State shall, not less than one month before making an order under section 554, give notice of the proposed order and of the right of persons interested to make representations on it.

Such notice shall be given—

by giving to any persons appearing to the Secretary of State to be trustees of an endowment affected by the proposed order a notice of the proposal to make it, together with a draft or summary of the provisions proposed to be included; and

by publishing, in such manner as the Secretary of State thinks sufficient for informing any other persons interested, a notice of the proposal to make the order and of the place where any person interested may (during a period of not less than a month) inspect such a draft or summary, and by keeping a draft or summary available for inspection in accordance with the notice.

The Secretary of State shall take into account any representations made to him by any person interested before the order is made.

In this section “endowment” has the same meaning as in section 554.

Content of orders under section 554.

An order under section 554—

may require or authorise the disposal by sale or otherwise of any land or other property forming part of an endowment affected by the order, including the premises of the school and any teacher’s dwelling-house; and

may consolidate any endowments to be dealt with by the scheme.

Subject to subsection (1), and to any provision affecting the endowments which is a provision of a public general Act of Parliament, an order under section 554 shall establish and give effect, with a view to enabling the religion or denomination concerned to participate more effectively in the administration of the statutory system of public education, to a scheme or schemes for the endowments dealt with by the order to be used for appropriate educational purposes either—

in connection with schools which are foundation schools or voluntary schools; or

partly in connection with such schools (or either description of such schools) and partly in other ways related to the locality served by the school at the premises referred to in section 554(1)..

In subsection (2) “use for appropriate educational purposes” means use for educational purposes in connection with the provision of religious education or teaching and learning in Religion, Values and Ethics in accordance with the tenets of the religion or denomination concerned (including in particular, but without prejudice to the generality of the foregoing, use for any purpose specified in Schedule 36).

A scheme given effect under section 554—

may provide for the retention of the capital of any endowment and application of the accruing income; or

may authorise the application or expenditure of capital to such extent and subject to such conditions as may be determined by or in accordance with the scheme;

and any such scheme may provide for the endowments dealt with by the scheme or any part of them to be added to any existing endowment applicable for any such purpose as is authorised for the scheme by subsection (2).

Where a scheme given effect under section 554 provides for the endowments dealt with by the order or any part of them to be used for the purposes specified in Schedule 36, any such scheme may provide for the endowments thereby dealt with or any part of them to be added to any existing endowment applicable for those purposes (whether it is so applicable by virtue of a scheme given effect to under that section or otherwise).

Section 568(5) does not apply to an order under section 554, but such an order may include such incidental or supplementary provisions as appear to the Secretary of State to be necessary or expedient either for the bringing into force or for the operation of any scheme established by it, including in particular provisions—

for the appointment and powers of trustees of the property comprised in the scheme or, if the property is not all applicable for the same purposes, of any part of that property; and

for the property or any part of it to vest by virtue of the scheme in the first trustees under the scheme or trustees of any endowment to which it is to be added or, if not so vested, to be transferred to them.

Any order under section 554 shall have effect despite any Act of Parliament (other than a public general Act), letters patent or other instrument relating to, or trust affecting, the endowments dealt with by the order.

In this section “endowment” has the same meaning as in section 554.

Adoption of statutory trusts.

This section applies to endowments which are—

regulated by a qualifying scheme under the Endowed Schools Acts 1869 to 1948 as applied by section 86(1) of the Education Act 1944 or by an order under section 554 of this Act or section 2 of the Education Act 1973; and

held under any such scheme or order on trusts which provide for capital or income or both to be applicable for or in connection with—

the provision of religious education or teaching and learning in Religion, Values and Ethics at relevant schools, or relevant schools of any description (but not only at a particular school or schools) in a diocese or other geographical area; or

the provision of premises for relevant schools, or relevant schools of any description (but not only at a particular school or schools) at which religious education or teaching and learning in Religion, Values and Ethics is or is to be provided in a diocese or other geographical area;

but this section does not apply to an endowment if or in so far as it constitutes a religious education fund.

The trustees of any endowments to which this section applies may, by resolution complying with subsection (6), adopt the uniform statutory trusts as the trusts on which those endowments are to be held.

The uniform statutory trusts are those set out in Schedule 36.

On the adoption by trustees of the uniform statutory trusts in respect of any endowments the scheme or order which regulates the endowments shall have effect as if the uniform statutory trusts are incorporated in the scheme or order to the exclusion of the corresponding provisions of the scheme or order.

The trustees of two or more endowments which are held on the uniform statutory trusts may, by resolution complying with subsection (6), consolidate all or any of those endowments and, where they do so, the endowments shall be treated, for all purposes, as held for the purposes of a single charity.

For a resolution to comply with this subsection—

it must be passed by a simple majority of the trustees or, if the trustees are a body corporate or a company, by a simple majority of the members of the body corporate or an ordinary resolution of the company; and

it must be recorded in the records of the decisions of the trustees affecting the endowments of the trust.

Where trustees pass a resolution under subsection (2), it shall be their duty to send a copy of the resolution to the Secretary of State.

The uniform statutory trusts applicable to endowments to which this section applies shall not affect—

the rights of any person under the third proviso to section 2 of the School Sites Act 1841, under section 86(3) of the Education Act 1944 or under section 1 of the Reverter of Sites Act 1987 (rights replacing certain reversionary interests in land), or

the rights of any local authority which have arisen under paragraph 7 or 8 of the First Schedule to the Education Act 1946 (rights in relation to school sites provided by such authorities) or which may arise under section 60(4) or 62(2),

except in so far as any right falling within paragraph (a) above is or has been extinguished by an order under section 554 of this Act or section 2 of the Education Act 1973 made by virtue of section 5 of the Reverter of Sites Act 1987.

In this section—

“company” means a company as defined in section 1(1) of the Companies Act 2006;

...

“endowment” has the same meaning as in section 554;

“provision”, in relation to premises, means provision by the purchase of a site, the erection of premises or the maintenance, improvement or enlargement of premises;

“qualifying scheme” means a scheme in force on 1st January 1994 (the date when section 287 of the Education Act 1993 came into force);

“relevant school” means a foundation or voluntary school;

“religious education” means religious education in accordance with the tenets of a particular religion or religious denomination; and

“religious education fund” includes a Sunday school fund.

In Schedule 36 as incorporated in any scheme or order—

“the area” means the diocese or other geographical area within which the trust assets may be applied under the scheme or order, as the case may be;

“relevant school” means a relevant school , Academy school, alternative provision Academy, city technology college or city college for the technology of the arts, at which the religious education provided for in the scheme or order, as the case may be, is or is to be provided; and

“the relevant trust assets” means the endowments in respect of which the trustees have adopted the uniform statutory trusts, including the income derived therefrom.

Employment of children and young persons

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

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

Power of local authorities to prohibit or restrict employment of children.

If it appears to a local authority that a child who is a registered pupil at a community, foundation, voluntary or special school is being employed in such a manner as to be prejudicial to his health, or otherwise to render him unfit to obtain the full benefit of the education provided for him, the authority may serve a notice in writing on the employer—

prohibiting him from employing the child, or

imposing such restrictions upon his employment of the child as appear to them to be expedient in the interests of the child.

A local authority may serve a notice in writing on the parent or employer of a child who is a registered pupil at a community, foundation, voluntary or special school requiring the parent or employer to provide the authority, within such period as may be specified in the notice, with such information as appears to the authority to be necessary for the purpose of enabling them to ascertain whether the child is being employed in such a manner as to render him unfit to obtain the full benefit of the education provided for him.

A person who—

employs a child in contravention of any prohibition or restriction imposed under subsection (1), or

fails to comply with the requirements of a notice served under subsection (2),

shall be guilty of an offence.

A person guilty of an offence under this section shall be liable on summary conviction—

to a fine not exceeding level 1 on the standard scale, or

to imprisonment for a term not exceeding one month,

or both.

Section 28(1) and (3) of the Children and Young Persons Act 1933 (powers of entry for the enforcement of the provisions of Part II of that Act as to the employment of children) shall apply with respect to the provisions of any notice served under this section as they apply with respect to the provisions of Part II of that Act.

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Work experience in last year of compulsory schooling.

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—

by a local authority, or

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.

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.

Subsection (1) shall not be taken to permit the employment of a person in any way contrary to—

an enactment which in terms applies to persons of less than, or not over, a specified age expressed as a number of years, or

section 1(2) of the Employment of Women, Young Persons and Children Act 1920 or section 55(1) of the Merchant Shipping Act 1995 (which prohibit the employment of children in ships).

No arrangements shall be made under subsection (1) for a child to be employed in any way which would be contrary to an enactment prohibiting or regulating the employment of young persons if he were a young person (within the meaning of the enactment) and not a child.

Where a child is employed in pursuance of arrangements made under subsection (1), so much of any enactment as—

regulates the employment of young persons (whether by excluding them from any description of work, prescribing the conditions under which they may be permitted to do it or in any other way), and

would apply in relation to him if he were of an age to be treated as a young person for the purposes of that enactment,

shall apply in relation to him, in and in respect of the employment arranged for him, in all respects as if he were of an age to be so treated.

Nothing in section 495 or 496 or Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 applies in relation to any power conferred on a local authority . . . by subsection (1).

In this section “enactment” includes any byelaw, regulation or other provision having effect under an enactment.

Work experience for persons over compulsory school age: England

A local authority in England may secure the provision of work experience for persons in their area—

who are over compulsory school age but under 19, or

who are aged 19 or over and for whom an EHC plan is maintained.

A local authority in England must—

encourage participation in work experience by persons in their area who are within subsection (1)(a) or (b);

encourage employers to participate in the provision of work experience for such persons.

Persons not covered by Act

Act not to apply to persons in service of the Crown.

No power or duty conferred or imposed by this Act on—

the Secretary of State,

local authorities, or

parents,

shall be construed as relating to any person who is employed by or under the Crown in any service or capacity with respect to which the Secretary of State certifies that, by reason of the arrangements made for the education of children and young persons so employed, the exercise and performance of those powers and duties with respect to such children and young persons is unnecessary.

Act not to apply to certain persons detained under order of a court.

No power or duty conferred or imposed by or under this Act on—

the Secretary of State,

local authorities, or

parents,

shall be construed as relating to any person who is detained in pursuance of an order made by a court or of an order of recall made by the Secretary of State subject to a detention order and is detained in accommodation that is not relevant youth accommodation, but a local authority may make arrangements for a person who is detained in pursuance of such an order such a person to receive the benefit of educational facilities provided by the authority.

For the purposes of this Act—

a person is subject to a detention order if detained in pursuance of—

an order made by a court, or

an order of recall made by the Secretary of State, and

relevant youth accommodation is accommodation which—

is youth detention accommodation (within the meaning given by section 248(1) of the Sentencing Code, and

is not in a young offender institution, or part of such an institution, that is used wholly or mainly for the detention of persons aged 18 and over.

A child or young person who is being educated as a boarder at a school shall not be regarded for the purposes of subsection (1)this section as detained in pursuance of an order made by a court by reason of the fact that he is required to be at the school—

by virtue of an order made by a court under the Children and Young Persons Act 1933 or by virtue of anything done under such an order; or

by virtue of a requirement of a youth rehabilitation order under Chapter 1 of Part 9 of the Sentencing Code or by virtue of anything done under such a requirement.

A child or young person who is being kept in accommodation provided for the purpose of restricting liberty is not to be regarded for the purposes of this section as detained in pursuance of an order made by a court by reason of the fact that a court has authorised the person to be kept in such accommodation under section 25(4) of the Children Act 1989 or section 119(4) of the Social Services and Well-being (Wales) Act 2014 (use of accommodation for restricting liberty) (use of accommodation for restricting liberty).

Persons detained in youth accommodation

Provisions applying to detained persons

Application of Act to detained persons

In its application in relation to detained persons, this Act has effect subject to modifications prescribed by regulations made by the appropriate national authority.

The power conferred by subsection (1) may not be exercised to modify the application of a provision of this Act if—

the provision makes special provision in relation to detained persons, or a description of detained persons,

the application of the provision in relation to detained persons, or a description of detained persons, is excluded by provision made by this Act, or

the provision has effect in relation to detained persons, or a description of detained persons, subject to modifications made by this Act.

References in this Chapter to a detained person are to a child or young person who is—

subject to a detention order, and

detained in relevant youth accommodation;

and, in provisions applying on a person's release, also include references to a person who, immediately before release, was a detained person.

Duty to take steps to promote fulfilment of potential

Subsection (2) applies in relation to a detained person who is not a looked after child.

The home authority must—

during the period of detention in relevant youth accommodation, and

on the person's release from detention in relevant youth accommodation,

take such steps as they consider appropriate to promote the person's fulfilment of his or her learning potential.

Those steps must include, where it appears to the home authority appropriate for them to do so, making arrangements for the provision, on the person's release from detention—

of education, or

in the case of a person who is over compulsory school age, of education or training.

Where the host authority make any determination as to the education or training to be provided for a detained person, the authority must have regard to—

any information provided under section 562F by a local authority as to the level of the person's literacy and numeracy skills;

any other information provided by the home authority under section 562F for the purpose of assisting any such determination.

Detained persons with statement of special educational needs

This section applies where, immediately before the beginning of the detention, a local authority in Wales were maintaining a statement under section 324 for a detained person.

The authority must keep the statement while the person is detained in relevant youth accommodation.

The host authority must use best endeavours to secure that appropriate special educational provision is made for the detained person while the person is detained in relevant youth accommodation.

For the purposes of subsection (3), appropriate special educational provision is—

the special educational provision that, immediately before the beginning of the detention, was specified in the statement,

educational provision corresponding as closely as practicable to the special educational provision so specified, or

if it appears to the host authority that the special educational provision so specified is no longer appropriate for the person, such special educational provision as reasonably appears to the host authority to be appropriate for the person.

Appropriate special educational provision: arrangements between local authorities

This section applies where special educational provision is secured for a person in circumstances where section 562C applies.

A local authority in Wales may supply goods and services to—

the host authority, or

any other person making the special educational provision in question.

Goods and services may be supplied under subsection (2) only for the purpose of assisting the making or securing of that special educational provision.

Literacy and numeracy assessments

This section applies in relation to a detained person who is detained in particular relevant youth accommodation.

The host authority must arrange for the level of the detained person's literacy and numeracy skills to be assessed as soon as reasonably practicable after the beginning of the period during which the person is detained in that accommodation.

Subsection (2) does not apply if the authority are satisfied that they have evidence of the current level of the person's literacy and numeracy skills.

The “current level” of a detained person's literacy and numeracy skills is the level of those skills at the beginning of the period during which the person is detained in the relevant youth accommodation in question.

Provision of information about detained persons

Any person who has provided education or training for a detained person (whether before or during the period of detention) may provide information relating to the detained person to—

the home authority, or

the host authority,

for the purposes of, or in connection with, the provision of education or training for the detained person.

A local authority must, on a request under subsection (3), as soon as practicable provide to the person making the request such information that they hold relating to a detained person as is requested.

A request is made under this subsection if it—

is made by a person within subsection (4), and

asks only for information which the person requires for the purposes of, or in connection with, the provision of education or training for the detained person (including education or training to be provided after the detained person's release from detention).

Those persons are—

any other local authority;

a youth offending team established under section 39 of the Crime and Disorder Act 1998;

the person in charge of any place at which the detained person is detained or is expected to be detained;

any person providing or proposing to provide education or training for the detained person.

The Welsh Ministers must, on a request by the home authority or the host authority, provide a copy of any relevant assessment report for the purposes of the exercise of any function of that authority under section 18A or this Chapter.

In subsection (5), “relevant assessment report” means a report of an assessment of a detained person conducted (whether before or during the period of detention)—

under section 140 of the Learning and Skills Act 2000, and

by virtue of arrangements made by the Welsh Ministers.

Subsection (8) applies in relation to a detained person if it appears to the host authority that the person is to be released from detention in relevant youth accommodation.

The host authority must provide to the home authority any information they hold which—

relates to the detained person, and

may be relevant for the purposes of, or in connection with, the provision of education or training for the detained person after the release.

The information required to be provided under subsection (8) must be provided at such time as the host authority think reasonable for the purpose of enabling education or training to be provided for the detained person after the release.

Nothing in subsections (7) to (9) requires the host authority to provide to the home authority information which it appears to the host authority that the home authority already have.

In this section any reference to the host authority, in relation to a detained person, includes a reference to any local authority in whose area the person is expected to be detained.

Information to be provided where statement of special educational needs previously maintained

This section applies in relation to a detained person if, immediately before the beginning of the detention, a local authority in Wales were maintaining a statement under section 324 for the person.

Subsections (3) and (4) apply where the home authority , where they are a local authority in Wales, become aware (whether by notice under section 39A(2) of the Crime and Disorder Act 1998 (detention of child or young person: local authorities to be notified) or otherwise)—

that the person—

has become subject to a detention order, and

is detained in relevant youth accommodation, or

that the person has been transferred from one place of accommodation to another place of accommodation which is relevant youth accommodation.

If, immediately before the beginning of the detention, the home authority were maintaining the statement, they must send a copy of the statement to the host authority.

If the home authority are or become aware that, immediately before the beginning of the detention, another local authority in Wales were maintaining a statement for the person under section 324, they must notify the host authority—

of that fact, and

of the identity of that other local authority.

The local authority in Wales who, immediately before the beginning of the detention, were maintaining the statement must, on a request by the host authority, send a copy of the statement to the host authority.

Subsections (7) and (8) apply where the person is released from detention in relevant youth accommodation.

The host authority must notify the following of the person's release—

the home authority , where they are a local authority in Wales, and

if different, the authority in Wales who, immediately before the beginning of the detention, were maintaining the statement under section 324.

If the home authority, where they are a local authority in Wales are not the authority who, immediately before the beginning of the detention, were maintaining the statement, the host authority must also notify the home authority—

of the fact that immediately before the beginning of the detention a statement was being maintained for the person by a local authority in Wales under section 324, and

of the identity of that authority.

Nothing in this section requires any local authority to notify another authority of any matter of which the other authority are already aware, or to send a copy of any statement to another authority who already have a copy of it.

Release of detained person appearing to host authority to require assessment

This section applies in relation to the release from detention in relevant youth accommodation of a detained person—

in relation to whom section 562G does not apply, and

for whom the home authority are a local authority in Wales.

Subsection (3) applies where it appears to the host authority that the detained person will, on release, be a child within the meaning of Part 4.

If the host authority are of the opinion that the person has, or may have, special educational needs, they must, on the person's release, notify the home authority of their opinion.

Subsection (6) applies where, on release, the detained person—

will be over compulsory school age, or

will cease to be of compulsory school age within one year.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

If—

the host authority are of the opinion that the person has, or may have, a learning difficulty (within the meaning of section 41 of the Learning and Skills Act 2000 (assessments relating to learning difficulties: Wales)) and

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the host authority must, on the person's release, notify the Welsh Ministers of their opinion.

Guidance

In performing their functions under this Chapter a local authority must have regard to any guidance issued by the appropriate national authority.

Interpretation of Chapter

In this Chapter—

“the appropriate national authority” means—

in relation to England, the Secretary of State;

in relation to Wales, the Welsh Ministers;

“beginning of the detention”, in relation to a person detained in relevant youth accommodation, means—

the beginning of the period of detention in such accommodation, or

where that period is part of a continuous period, comprising periods of detention in relevant youth accommodation and in other accommodation, the beginning of that continuous period;

“detained person” has the meaning given by section 562A(3);

“the home authority”—

in relation to a child or young person who immediately before the beginning of the detention was, or at any time since then has been, a looked after child, means the local authority who are looking after, or who have most recently been looking after, the person;

in relation to any other child or young person, means the local authority in whose area the person is ordinarily resident;

“the host authority”, in relation to a child or young person detained in relevant youth accommodation, means the local authority in whose area the child or young person is detained;

“looked after child” means a person who, for the purposes of the Children Act 1989 or the Social Services and Well-being (Wales) Act 2014 is a child looked after by a local authority; and references to the local authority looking after the person are to be read accordingly;

“young person” includes a person aged 18.

For the purposes of the definition of “beginning of the detention” in subsection (1), it is immaterial whether or not a period of detention is pursuant to a single order.

In determining for the purpose of subsection (1) where a child or young person is ordinarily resident, any period when the person is subject to a detention order is to be disregarded.

Regulations made by the appropriate national authority may make further provision for determining where a person is ordinarily resident for the purpose of that subsection.

General

Documents and evidence

Educational records.

Regulations may make provision as to—

the keeping, disclosure and transfer of educational records about persons receiving education at schools to which this section applies; and

the supply of copies of such records to such persons, and in such circumstances, as may be determined by or under the regulations.

The regulations may authorise persons who supply copies of such records in pursuance of the regulations to charge such fee as they think fit (not exceeding the cost of supply) in respect of each copy so supplied.

The schools to which this section applies are—

any school maintained by a local authority ; and

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

any special school not maintained by a local authority.

Certificates of birth and registrars’ returns.

Where the age of any person is required to be proved for the purposes of this Act or of any enactment relating to the employment of children or young persons, the registrar having the custody of the register of birth and deaths containing the entry relating to the birth of that person shall—

on being presented by any person (“the applicant”) with a written requisition in such form and containing such particulars as may be determined by regulations, and

on payment of the appropriate fee,

supply the applicant with a copy of the entry certified under his hand.

A registrar shall, on being requested so to do, supply free of charge a form of requisition for the purposes of subsection (1).

A registrar shall supply to a local authority such particulars of the entries contained in any register of births and deaths in his custody, and in such form, as (subject to regulations) the authority may from time to time require for the purpose of the exercise of their education functions.

In this section—

“the appropriate fee” means the fee payable to the registrar having custody of the register concerned for a certified copy of an entry in the register by virtue of section 38A of the Births and Deaths Registration Act 1953;

“register of births and deaths” means a register of births and deaths kept under that Act, and

“registrar” includes a registrar of births and deaths and a superintendent registrar.

Evidence: presumption as to age.

Where in any proceedings under this Act the person by whom the proceedings are brought—

alleges that any person whose age is material to the proceedings is under, of, or over, any age, and

satisfies the court that, having used all reasonable diligence to obtain evidence as to the age of that person, he has been unable to do so,

the court may, unless the contrary is proved, presume that person to be under, of, or (as the case may be) over, the age alleged.

This section has effect subject to section 445(3).

Evidence: documents.

In any legal proceedings, any of the following documents, namely—

a document purporting to be a document issued by a local authority in connection with the exercise of their education functions, and to be signed by the clerk of that authority or by the director of children’s services (in the case of an authority in England) or the chief education officer (in the case of an authority in Wales) or by any other officer of the authority authorised to sign it,

a document purporting to be an extract from the minutes of the proceedings of the governing body of a maintained school, and to be signed by the chairman of the governing body or by their clerk,

a document purporting to be a certificate giving particulars of the attendance of a child or young person at a school, and to be signed by the head teacher of the school, and

a document purporting to be a certificate issued by a medical officer of a local authority, and to be signed by such an officer,

shall be received in evidence and shall be treated, without further proof, as the document which it purports to be and as having been signed by the person by whom it purports to have been signed, unless the contrary is proved.

In any legal proceedings, any such extract or certificate as is mentioned in subsection (1)(b), (c) or (d) shall be evidence of the matters stated in it.

Where a child of compulsory school age is required to attend at—

any place at which education is provided for him in the circumstances mentioned in subsection (1) or (1A) of section 444ZA, or

any place in the circumstances mentioned in subsection (1B) or (2) of that section,

subsection (1)(c) has effect as if the place in question were a school and the person in charge of the provision of education or training at that place were its head teacher (and subsection (2) has effect accordingly).

Stamp duty

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Orders, regulations and directions

Orders.

Any power of the Secretary of State to make orders under this Act (other than an order under any of the excepted provisions) shall be exercised by statutory instrument.

For the purposes of subsection (1) “the excepted provisions” are—

section 349;

...

section 489(3);

section 497; and

section 545.

A statutory instrument containing any order made by the Secretary of State under this Act, other than ... an order under—

section 354(6), 355(2)(a), 356(2)(c) or 401,

. . .

section 554,

section 583(3) or (4), or

Schedule 40,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

No order shall be made under section 354(6), 355(2)(a) or 401 unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

Any order made—

by the Secretary of State under this Act by statutory instrument, . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.

Without prejudice to the generality of subsection (5), an order made by the Secretary of State under this Act by statutory instrument may make in relation to Wales provision different from that made in relation to England.

Regulations.

Any power of the Secretary of State or the Welsh Ministers to make regulations under this Act shall be exercised by statutory instrument.

A statutory instrument containing regulations under this Act made by the Secretary of State, other than one falling within subsection (2A), ..., shall be subject to annulment in pursuance of a resolution of either House of Parliament.

A statutory instrument which contains (whether alone or with other provision) regulations under section 434B, 436B(6), 436C(1)(g), 436C(2), 436C(4), 436E(1)(a), 436E(7), 436E(9), 436F(1), 436F(2), 550ZA(3)(f) or 550ZC(7) , or under paragraph 5 of Schedule 31A may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

A statutory instrument containing regulations under sections 29(6A), 332ZC, 332AA, 332BA, 332BB , 336, 397 , 436I(6), 444A , 444B or (unless subsection (2BA) applies) Chapter 5A , or under paragraph 6B or 6C of Schedule 1, made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales are subject to the Senedd annulment procedure (see section 37E of the Legislation (Wales) Act 2019 (anaw 4)).

A statutory instrument which contains (whether alone or with other provision) regulations made by the Welsh Ministers under both section 562J(4) and section 39(2) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales are subject to the Senedd approval procedure (see section 37C of the Legislation (Wales) Act 2019).

A statutory instrument which contains (whether alone or with other provision) regulations under section 434B or 436B(6), 436C(1)(g), 436C(2), 436C(4), 436E(1)(a), 436E(7), 436E(9), 436F(1), 436F(2) or 579(3C) , or under paragraph 5 of Schedule 31A may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales are subject to the Senedd approval procedure (see section 37C of the Legislation (Wales) Act 2019).

Paragraphs 33 to 35 of Schedule 11 to the Government of Wales Act 2006 make provision about the National Assembly for Wales procedures that apply to any statutory instrument containing regulations or an order made in exercise of functions conferred upon the Secretary of State or the National Assembly for Wales by this Act that have been transferred to the Welsh Ministers by virtue of paragraph 30 of that Schedule.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit or the Welsh Ministers think fit.

Without prejudice to the generality of subsection (4), regulations under this Act may make in relation to Wales provision different from that made in relation to England.

Subsection (5) does not apply to regulations under section 579(4).

Regulations made by Welsh Ministers under Chapter 5A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Revocation and variation of certain orders and directions.

This section applies to any order or directions made or given under this Act by—

the Secretary of State, or

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a local authority,

other than an order to which section 568(1) applies.

Subject to subsection (3), any such order or directions may be varied or revoked by a further order or directions made or given by the Secretary of State, . . . or the local authority, as the case may be.

Where the power to make or give any such order or directions is only exercisable—

on the application or with the consent of any person or body of persons, or

after consultation with any person or body of persons, or

subject to any other conditions,

no order or directions made or given under that power may be varied or revoked under subsection (2) unless the same conditions are complied with.

Guidance

Publication of guidance.

The Secretary of State shall publish any guidance given by him for the purposes of any provision of this Act in such manner as he thinks fit.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service of documents

Service of notices and other documents.

Any order, notice or other document required or authorised by this Act to be served on, or given to, any person may be served or given —

by delivering it to that person, or

by leaving it at his usual or last known place of residence, or

by sending it in a prepaid letter addressed to him at that place.

But such a document may not be served or given in an electronic communication to a person as a parent unless —

the person consents in writing to the receipt of documents of the kind in question from the sender in an electronic communication sent to a specified number or address, and

the communication is sent to the number or address in question.

In subsection (2), “electronic communication” has the same meaning as in the Electronic Communications Act 2000.

This section does not preclude any notice or order under sections 436H to 436P (which relate to school attendance orders) from being served by any other effective method.

Construction

Meaning of expressions relating to alteration etc. of premises or character of schools.

The following provisions apply for the purposes of this Act except where the context otherwise requires.

References to the alteration of school premises include making improvements, extensions or additions to the premises; . . ..

References to the enlargement of any school premises include any modification of the school’s existing premises which has the effect of increasing the number of pupils for whom accommodation can be provided.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Changes to school not amounting to discontinuance etc.

For the purposes of this Act and any other enactment relating to the duties of a local authority neither—

references in whatever terms to discontinuing a school (including those to a local authority ceasing to maintain a school), nor

references in whatever terms to establishing a new school,

shall be read as applying by reason only of a change such as is mentioned in subsection (2) being made to an existing school (so that, where such a change is made to an existing school, the school shall be regarded as continuing despite the change and as being the same school before and after it, unless for other reasons it is to be regarded as discontinued).

The changes are—

education beginning or ceasing to be provided for pupils above or below a particular age, for boys as well as girls or for girls as well as boys;

an enlargement or alteration of the school premises; and

the transfer of the school to a new site.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “parent”.

In this Act, unless the context otherwise requires, “parent”, in relation to a child or young person, includes any person—

who is not a parent of his but who has parental responsibility for him, or

who has care of him,

except that in section 499(8) it only includes such a person if he is an individual.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In subsection (1) “parental responsibility” has the same meaning as in the Children Act 1989.

In determining for the purposes of subsection (1) whether an individual has care of a child or young person, any absence of the child or young person at a hospital or boarding school and any other temporary absence shall be disregarded.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Meaning of “the Education Acts”.

In this Act “the Education Acts” means this Act together with the following Acts—

. . .

...

the Education Act 1973;

the Education Act 1980;

the Education (Fees and Awards) Act 1983;

the Further Education Act 1985 (except sections 4 and 5);

the Education Act 1986;

the Education (No. 2) Act 1986;

the Education Reform Act 1988;

. . .

...

the Further and Higher Education Act 1992;

the Education Act 1994;

. . .

...

...;

the Education Act 1997;

the Education (Schools) Act 1997;

. . .

the Teaching and Higher Education Act 1998;

the School Standards and Framework Act 1998 (c. 31);

the Education Act 2002 (c. 32).

the Higher Education Act 2004 (c. 8)

the Education Act 2005 (c. 18)

the Education and Inspections Act 2006 (c. 40)

the Education and Skills Act 2008 (c. 25)

Learner Travel (Wales) Measure 2008 (nawm 2)

Healthy Eating in Schools (Wales) Measure 2009 (nawm 3)

Academies Act 2010 (c. 32)

Education (Wales) Measure 2011

Education Act 2011

School Standards and Organisation (Wales) Act 2013

Children and Families Act 2014, Pt. 3 and s. 100

Education (Wales) Act 2014

Higher Education (Wales) Act 2015

Qualifications Wales Act 2015

Additional Learning Needs and Education Tribunal (Wales) Act 2018

Curriculum and Assessment (Wales) Act 2021

Welsh Language and Education (Wales) Act 2025, Pts. 3, 4

General interpretation.

In this Act, unless the context otherwise requires—

...

“Academy” means an educational institution to which Academy arrangements relate;

“Academy arrangements” has the meaning given by section 1 of the Academies Act 2010;

“Academy order” means an order under section 4 of that Act;

“Academy school”, “Academy order” and “alternative provision Academy” have the meanings have the meanings given by sections 1A, 1B and 1C respectively of that Act;

“additional learning needs” has the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;

“additional learning provision” has the meaning given by section 3 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;

“assist”, in relation to any school, institution or university, shall be construed in accordance with subsections (5) to (7) below;

“boarder” includes a pupil who boards during the week but not at weekends;

“child” means a person who is not over compulsory school age;

“clothing” includes footwear;

“education functions” means the functions specified in Schedule 36A;

“EHC plan” means a plan within section 37(2) of the Children and Families Act 2014;

...

“financial year” means a period of twelve months ending with 31st March;

“functions” includes powers and duties;

...

“head teacher” includes acting head teacher;

“higher education” means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988;

“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);

“individual development plan” means a plan within Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;

“land” includes buildings and other structures, land covered with water, and any interest in land;

“liability” includes obligation;

“local authority” means—

a local authority in England;

a local authority in Wales;

“local authority in England” means—

a county council in England;

a metropolitan district council;

a non-metropolitan district council for an area for which there is no county council;

a London borough council; and

the Common Council of the City of London (in their capacity as a local authority);

“local authority in Wales” means—

a county council in Wales; and

a county borough council;

...

“local government elector” has the meaning given by section 270(1) of the Local Government Act 1972;

“maintained nursery school” has the meaning given by section 22(9) of the School Standards and Framework Act 1998;

“medical officer”, in relation to a local authority, means a registered medical practitioner who is employed or engaged (whether regularly or for the purposes of any particular case) by the authority or whose services are made available to the authority by the Secretary of State;

“modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly;

“the National Curriculum”(without more) means—

in relation to England, the National Curriculum for England, and

in relation to Wales, the National Curriculum for Wales;

“premises”, in relation to a school, includes any detached playing fields but, except where otherwise expressly provided, does not include a teacher’s dwelling-house;

“prescribed” (except in Chapter 5A) means prescribed by regulations;

“proprietor”, in relation to a school or a 16 to 19 Academy , means the person or body of persons responsible for the management of the school or Academy (so that, in relation to a community, foundation or voluntary or community or foundation special school or a maintained nursery school, , or a maintained nursery school, it means the governing body);

...

“regulations” ... means regulations made by the Secretary of State , except where otherwise stated or where the function of making the regulations has been transferred to the Welsh Ministers in relation to Wales;

“relevant authority” means—

the Greater London Authority,

a local authority in England,

a combined authority established under Part 6 of the Local Democracy, Economic Development and Construction Act 2009, or

a combined county authority established under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023;

...

“sex education” includes education about—

Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus, and

any other sexually transmitted disease;

“school buildings”, in relation to a school, means any building or part of a building forming part of the school premises, other than a building or part required only—

as a caretaker’s dwelling,

for use in connection with playing fields,

to afford facilities for the carrying out of functions under paragraph 1 or 8 of Schedule 1 to the National Health Service Act 2006 (which relate to the provision of medical services for pupils), or

to afford facilities for providing milk, meals or other refreshment for pupils in attendance at the school;

“school year”, in relation to a school, means the period beginning with the first school term to begin after July and ending with the beginning of the first such term to begin after the following July;

“special educational needs”—

in relation to a child or person over compulsory school age but under 25 in the area of a local authority in England, has the meaning given by section 20(1) of the Children and Families Act 2014;

in relation to a child in the area of a local authority in Wales, has the meaning given by section 312;

“special educational provision”—

in relation to a person in the area of a local authority in England, has the meaning given by section 21(1) and (2) of the Children and Families Act 2014;

in relation to a child in the area of a local authority in Wales, has the meaning given by section 312(4);

“school day”, in relation to a school, means any day on which at that school there is a school session;

“trust deed” includes any instrument (other than an instrument of government) regulating the constitution of the school’s governing body or the maintenance, management or conduct of the school;

“young person” means a person over compulsory school age but under the age of 18.

For the purposes of this Act a person is subject to learning difficulty assessment if—

an assessment under section 140 of the Learning and Skills Act 2000 (learning difficulty assessments: Wales) has been conducted in respect of the person, or

arrangements for such an assessment to be conducted in respect of the person have been made or are required to be made.

References in this Act to an interest in land include any easement, right or charge in, to or over land.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

References in this Act to a person who is “in the area” of a local authority in England do not include a person who is wholly or mainly resident in the area of a local authority in Wales or who would be wholly or mainly resident in the area of a local authority in Wales were it not for provision secured for the person under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018.

References in this Act to a person who is “in the area” of a local authority in Wales do not include a person who is wholly or mainly resident in the area of a local authority in England or who would be wholly or mainly resident in the area of a local authority in England were it not for provision secured for the person under Part 3 of the Children and Families Act 2014.

The Welsh Ministers may make further provision by regulations about the meaning of references in this Act to a person who is “in the area” of a local authority in Wales.

For the purposes of this Act a person shall be treated as belonging, or as not belonging, to the area of a particular local authority in accordance with regulations; and any question under the regulations shall, in the case of a dispute, be determined by the Secretary of State.

For the purposes of this Act the area of the Common Council of the City of London shall be treated as including the Inner Temple and the Middle Temple.

For the purposes of this Act a school shall be regarded as “assisted” by a local authority who do not maintain it if the authority make to its proprietor any grant in respect of the school or any payment in consideration of the provision of educational facilities there.

Subject to subsection (7), an institution other than a school shall be regarded for the purposes of this Act as “assisted” by a local authority if the authority make to the persons responsible for its maintenance any grant in respect of the institution or any payment in consideration of the provision of educational facilities there.

Neither—

a university, nor

any institution within the further education sector or within the higher education sector other than a university,

shall be regarded for the purposes of this Act as “assisted” by a local authority by virtue of the making by the authority to the persons responsible for the maintenance of the university or institution of any grant or payment such as is mentioned in subsection (6).

Index.

The expressions listed in the left-hand column below are defined by, or (as the case may be) are to be interpreted in accordance with, the provisions of this Act listed in the right-hand column in relation to those expressions.

Expression

Relevant provision

Academy

section 579(1)

Academy arrangements

Section 579(1)

Academy order

Section 579(1)

Academy school

Section 579(1)

16 to 19 Academy

Section 579(1)

additional learning needs

section 579(1)

additional learning provision

section 579(1)

admission authority (in Chapter I of Part VI)

section 415

admitted to a school for nursery education

section 579(3)

aggregated budget (in Part II)

sections 101(3) and 105

agreed syllabus

(in relation to England)

Section 375(2) and (4)

(in relation to Wales)

Section 375A(7)

aided school

section 32(1) and (3)

allocation formula (in Part II)

section 106(2)

alteration (of school premises) and alterations (in relation to such premises)

section 573(2)

alternative provision Academy

Section 579(1)

annual parents’ meeting (in Chapter VI of Part II)

section 162(1)

appropriate diocesan authority (in Part III in relation to a Church of England, Church in Wales or Roman Catholic Church school)

section 311(1)

appropriate further education funding council

section 579(1)

...

. . .

articles of government

(in relation to a county, voluntary or maintained special school)

section 127(1)

(in relation to a grant-maintained school)

section 218(1)

(in relation to a grant-maintained special school)

paragraph 1 of Schedule 28

(in relation to a group of grant-maintained schools)

section 280(2)

assess (in Part V)

section 350(2)

assessment arrangements (in Part V)

section 353

assisted (in relation to a school or other institution)

section 579(5) to (7)

. . .

attainment targets (in Part V)

section 353

authority responsible for election arrangements (in Chapter V of Part III)

section 243(2)

belonging to the area of a local authority (in relation to a person)

section 579(4)

boarder

section 579(1)

budget share (in Part II)

section 101(3) and (6)

capital grant (in relation to grant-maintained schools)

section 246(1) (or section 252)

cease to maintain (in relation to a school)

section 574

. . .

change in character (in relation to a school)

section 573(4)

character (of a school) (in Part III)

section 311(4)

child

(generally)

section 579(1)

(in Part IV)

section 312(5)

(in Chapter I of Part VI except sections 431 to 433)

section 411(8)

child for whom a local authority are responsible (in Part IV)

section 321(3)

Church in Wales school

section 311(1)

Church of England school

section 311(1)

city academy

section 482

city college for the technology of the arts

section 482(3)

city technology college

section 482(3)

clothing

section 579(1)

commencement of this Act

section 583(2)

compulsory school age

section 8 (or paragraph 1 of Schedule 40)

contract of employment (in relation to provisions specified in section 575(2))

section 575(1)

controlled school

section 32(1) and (2)

co-opted governor (in relation to a county, voluntary or maintained special school)

section 78(1)

core governor

section 285 and Schedule 25

county school

section 31(1)

date of implementation

(in Part III in relation to proposals for acquisition of grant-maintained status)

section 200(2)

(in Part III in relation to a new grant-maintained school)

section 217

date of publication of proposals (in Part III in relation to proposals under that Part)

section 311(6)

delegation requirement (in Part II)

section 107(2)

discontinue (in relation to a school)

section 574

disposal of premises (in sections 297 to 300)

section 301(3)

dissolution date (in sections 274 to 279)

section 274(6)

the Education Acts

section 578

education functions

section 579(1)

EHC plan

section 579(1)

eligible for grant-maintained status (in Part III)

section 184

eligible governor (in Part III)

paragraph 4 of Schedule 24

eligible to vote in a ballot held in accordance with section 189 (in Chapter II of Part III)

section 190(1)

employed, employee, employer (in relation to provisions specified in section 575(2))

section 575(1)

employed to work, or to work solely, at a school (in relation to provisions specified in section 575(2))

section 575(3)

employee (in sections 469 to 473)

section 469(6)

enlargement (in relation to school premises)

section 573(3)

establish (in relation to a new school)

section 574

examination requirement (in Chapter III of Part VI)

section 462(1)

exclude, exclusion (except in section 524)

section 579(1)

financial year

section 579(1)

first governor (in relation to a grant-maintained school)

paragraphs 7 and 12 of Schedule 24

foundation governor

(in relation to a voluntary school)

section 78(2)

(in relation to a grant-maintained school)

paragraphs 8 and 13 of Schedule 24

foundation subjects

section 354 . . .

functions

section 579(1)

funding authority

section 26

further education

section 2(3) to (5)

general schools budget (in Part II)

section 101(3)

governing body, governor

(in Chapters IV to VI of Part II)

section 182

(in relation to a school grouped for purposes of Chapter IV of Part II)

section 89(6)

(in relation to a voluntary school and functions of foundation governors)

section 579(1)

governing body in liquidation (in sections 274 to 279)

section 274(3)

governor of an elected category (in Part III)

paragraph 3 of Schedule 24

governors’ report (in Chapter VI of Part II)

section 161(1)

grant-maintained school

(generally)

section 183(1)

(in sections 500 to 504)

section 505(8)

grant-maintained school formerly conducted by a governing body in liquidation (in sections 274 to 279)

section 274(5)

grant-maintained special school

section 346(3)

grant regulations (in Chapter VI of Part III)

section 244(2)

grants for education support and training

section 484(1)

group (of schools)

(in Part II)

section 89(5)

(in Chapter IX of Part III)

section 280(7)

head teacher

(generally)

section 579(1)

(in relation to a county, voluntary or maintained special school organised into separate departments)

section 132

higher education

section 579(1)

incorporation date

(in Chapter II of Part III)

section 200(5)

(in Chapter IV of Part III)

section 217

...

. . .

independent school

section 463

individual development plan

section 579(1)

initial governor (in Part III)

paragraph 2 of Schedule 24

institution outside (or within) the further education sector

section 4(3)

institution outside (or within) the wider higher education sector

section 4(4)

instrument of government

(in relation to a county, voluntary or maintained special school)

section 76(1)

(in relation to a grant-maintained school)

section 218(1)

(in relation to a grant-maintained special school)

paragraph 1 of Schedule 28

(in relation to a group of grant-maintained schools)

section 280(2)

interest in land

section 579(2)

in the area of a local authority in England

section 579(3A)

in the area of a local authority in Wales

section 579(3B)

junior pupil

section 3(2)

key stage

section 355(1)

land

section 579(1)

. . .

learning difficulty (in relation to a child in the area of a local authority in Wales)

section 312(2) and (3) (subject to subsection (3A))

liability

section 579(1)

local authority

section 579(1)

local authority in England

section 579(1)

local authority in Wales

section 579(1)

. . .

(generally)

section 579(1)

(in relation to a scheme under Part II)

section 101(2)

local government elector

(generally)

section 579(1)

(in Part III in relation to an area)

section 311(7)

maintain (in relation to a school maintained by a local authority)

section 34

maintained school

(in Part IV)

section 312(5)

(in Part V)

section 350(1)

(in Chapter II of Part VI)

section 437(8)

(in Chapter III of Part VI)

section 449

(in sections 500 to 504)

section 505(8)

maintained nursery school

sections 6(1) and 33(1)

maintained special school

sections 6(2) and 33(1)

maintenance grant (in relation to grant-maintained schools)

section 244(1) (or section 250(1))

medical officer (in relation to a local authority)

section 579(1)

minor authority

section 577

middle school

section 5(3)

modifications, modify

section 579(1)

the National Curriculum

sections 352(1) and 353

new governing body (in Part III)

section 195(2)

new school (in Part II)

section 181(1)

nursery school

section 6(1)

optional extra (in Chapter III of Part VI)

section 455(3)

parent

section 576

parent governor

(in relation to a county, voluntary or maintained special school)

section 78(3)

(in relation to a grant-maintained school)

paragraphs 5 and 10 of Schedule 24

. . .

pending

(in Part III in relation to proposals published under section 193)

section 193(4)

(in Chapter III of Part III in relation to the procedure for acquisition of grant-maintained status)

section 203(1)

powers to make proposals for the alteration of their school (in sections 500 to 504 in relation to the governing body of a voluntary school)

section 505(7)

powers to make proposals for the establishment, alteration or discontinuance of schools (in sections 500 to 504)

section 505(8)

premises

(in relation to a school)

section 579(1)

(in Part III)

section 311(1)

prescribed

section 579(1)

. . .

primary education

section 2(1)

primary school

section 5(1)

programmes of study (in Part V)

section 353

proceeds of disposal (in sections 297 to 300)

section 301(3)

procedure applicable under Chapter IV of Part II (in Chapter V of Part III)

section 243(3)

promoters (in Part III)

section 212(1)

proposals (in Chapter VII of Part III)

section 266(2)

proposals for acquisition of grant-maintained status (in Part III)

section 183(2)

proposals for the establishment of a new grant-maintained school (in Part III)

section 183(2)

proprietor (in relation to a school)

section 579(1)

prospectively disqualified (in Chapter V of Part III)

section 243(4)

provisionally registered school (in Part VII)

section 465(4)

pupil

sections 3(1) and 19(5)

reception class

section 579(1)

section 464(4)

registered (in relation to parents or pupils)

section 434(5)

registered school (in Part VII)

section 465(4)

Registrar of Independent Schools (or the Registrar in Part VII)

section 464(4)

regulations

section 579(1)

relevant age group

section 579(1)

relevant education (in relation to an order under section 27(1))

section 27(7)

relevant particulars (in relation to a proposed initial governor of a grant-maintained school)

section 200(4)

relevant proposals (in Part II)

section 181(2)

relevant standard number (in Chapter I of Part VI)

section 411(7)

relevant upper age (in relation to a middle school)

section 5(3)(b)

relevant young adult (in sections 508F, 508G and 508I)

section 508F(9)

relevant youth accommodation

section 562(1A)

required to be covered by a scheme (in Part II in relation to a school)

section 102

reserved teacher (in Chapter VI of Part II in relation to a controlled school)

section 143(2)

reserved teacher (in Chapter VI of Part II in relation to a special agreement school)

section 144(1)

residential trip (in Chapter III of Part VI)

section 462(2)

responsible for a child (in Part IV in relation to a local authority)

section 321(3)

right to a delegated budget (in Part II)

section 115(a)

Roman Catholic Church school

section 311(1)

scheme (in Part II)

section 101(1)

school

section 4(1) and (2)

school in respect of which financial delegation is required (in Part II)

section 115

school which has a delegated budget (in Part II)

section 115

school attendance order

section 437(3)

school buildings

section 579(1)

school day

section 579(1)

school property (in sections 274 to 279)

section 274(4)

school year

section 579(1)

secondary education

section 2(2) and (5)

secondary school

section 5(2)

section 67 loan liabilities (in sections 274 to 279)

section 274(7)

senior pupil

section 3(2)

sex education

section 579(1)

significant (in relation to a change in character or enlargement of premises of a school)

section 573(5)

special agreement

section 32(5)

special agreement school

section 32(1) and (4)

special educational needs

section 579(1)

special educational provision

section 579(1)

special purpose grant (in relation to grant-maintained schools)

section 245(1) (or section 251)

special school

section 337

sponsor governor (in Part III)

paragraphs 9 and 14 of Schedule 24

subject to a detention order

section 562(1A)

subject to learning difficulty assessment

section 579(1A)

suitable education (in Chapter II of Part VI)

section 436A(3)

teacher governor

(in relation to a county, voluntary or maintained special school)

section 78(4)

(in relation to a grant-maintained school)

paragraphs 6 and 11 of Schedule 24

temporary governing body, temporary governor (in Part II)

section 181(3)

time of publication of proposals (in Part III in relation to proposals under that Part)

section 311(6)

. . .

trust deed (in relation to a voluntary school)

section 579(1)

trustees of the school (in sections 296 to 300)

section 301(2)

voluntary school

sections 31(2) and 32

wholly based on selection by reference to ability or aptitude (in Chapter I of Part VI)

section 411(9)

young person

section 579(1)

Final provisions

Application to Isles of Scilly.

This Act shall apply to the Isles of Scilly—

as if the Isles were a separate non-metropolitan county (and the Council of the Isles of Scilly were accordingly a county council), and

subject to such other modifications as are specified in an order made by the Secretary of State.

Consequential amendments, repeals, transitional provisions etc.

The enactments specified in Schedule 37 are amended in accordance with that Schedule, the amendments being consequential on the provisions of this Act.

The enactments and instruments specified in Schedule 38 are repealed or revoked to the extent specified.

The transitional and saving provisions contained in Schedule 39 shall have effect.

The transitory provisions contained in Schedule 40 shall have effect.

Short title, commencement and extent.

This Act may be cited as the Education Act 1996.

Subject to subsection (3), this Act shall come into force on 1st November 1996 (and references to the commencement of this Act are to its coming into force on that date).

The following provisions—

section 8,

section 317(6),

section 348,

section 528,

Part II of Schedule 37 and section 582(1) so far as relating thereto, and

Part II of Schedule 38 and section 582(2) so far as relating thereto,

shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different provisions and for different purposes.

The Secretary of State may by order make such incidental, supplemental, saving or transitional provision as he thinks fit in connection with the coming into force in accordance with subsection (2) of any provision of this Act reproducing the effect of a provision of the Education Act 1993 which has not previously been brought into force by an order under section 308(3) of that Act (commencement).

Where an order under subsection (3) brings into force any provision of section 317(6) or 528, then in relation to the coming into force of that provision—

section 568(5) and (6) shall not apply to the order, but

the order may make such provision as is authorised to be made, by virtue of section 67(2) and (3) of the Disability Discrimination Act 1995 (regulations and orders), by an order under section 70(3) of that Act (commencement).

Subject to subsections (7) and (8), this Act extends to England and Wales only.

This section, section 493 and section 569 so far as relating to regulations under section 493 extend also to Scotland; and this section extends also to Northern Ireland.

Section 582 and Schedules 37 to 40 have the same extent as the enactments to which they relate.

SCHEDULES

Section 19.

Pupil referral units

General adaptations of enactments

References in any enactment to the proprietor or governing body of a school shall be read, in relation to a pupil referral unit, as references to the local authority .

References in any enactment to the head teacher of a school shall be read, in relation to a pupil referral unit, as references to the teacher in charge of the unit (whether known as the head teacher or not).

Modifications of enactments by regulations

Regulations may provide for any enactments relating to schools maintained by local authorities (or schools including such schools)—

to apply in relation to pupil referral units,

to apply in relation to such units with such modifications as may be prescribed, or

not to apply in relation to such units.

Regulations may also—

require a local authority in England to obtain the consent of the Secretary of State, in specified circumstances, to the closure of a pupil referral unit ;

confer a power on the Secretary of State to give directions to a local authority in England about the exercise of—

their functions under section 19;

their functions under any enactment applied to pupil referral units (with or without modifications) by regulations under paragraph 3;

any other function connected with pupil referral units ;

require a local authority to comply with such directions.

Registration

A person who is registered as a pupil at a school other than a pupil referral unit shall not, by reason only of being registered also as a pupil at such a unit, cease for the purposes of the Education Acts to be treated as a registered pupil at that school.

In this Schedule “registered” means shown in the register kept under section 434.

Application of Local Government Act 1986

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Curriculum

In relation to every pupil referral unit, the local authority, the management committee (where applicable) and the teacher in charge shall exercise their functions with a view to securing that the curriculum for the unit satisfies the requirements of section 78(1) or 99(1) of the Education Act 2002(1) (balanced and broadly based curriculum).

Regulations may make provision for the determination and organisation of the curriculum in relation to every pupil referral unit, including provision as to making, and keeping up to date, a written statement of the policy in relation to that curriculum for the unit; and such regulations may require—

the local authority, the management committee (where applicable), or the teacher in charge to exercise, or

such of them as may be prescribed to collaborate with each other in exercising,

such functions in relation to the curriculum as may be prescribed.

Each local education authority in Wales shall ... make arrangements for the consideration and disposal of any complaint to the effect that the authority, or the teacher in charge of any pupil referral unit in Wales —

have acted or are proposing to act unreasonably with respect to the exercise of any power conferred, or the performance of any duty imposed, on them by sub-paragraph (1) or (2) above, or

have failed to discharge any such duty.

The Welsh Ministers shall not entertain under section 496 or 497 (power to prevent unreasonable exercise of functions; general default powers) Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in local authorities) any complaint in respect of any local education authority in Wales if it is a complaint—

for which arrangements are required to be made under sub-paragraph (3) above, or

that a local education authority have failed to exercise their powers to secure compliance by the teacher in charge of a pupil referral unit in Wales with any such duty as is referred to in that sub-paragraph,

unless a complaint in respect of the local education authority or, as the case may be, the teacher in charge of the unit has been made in respect of the same matter and disposed of in accordance with arrangements under that sub-paragraph.

Discipline

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sex education, political indoctrination and political issues

Sections 403, 406 and 407 (sex education, political indoctrination, and treatment of political issues) apply in relation to pupil referral units as they apply in relation to community schools.

Charges

Chapter III of Part VI applies in relation to pupil referral units as if the references to governing bodies were omitted.

Section 458(2)(b) (charges for board and lodging) shall have effect in relation to a pupil provided with board and lodging at a unit as if after “that” there were inserted “for the time being”.

Application of Environmental Protection Act 1990

A pupil referral unit is an educational institution for the purposes of Part IV of the Environmental Protection Act 1990 (litter).

Information

Each local authority shall—

on such occasions, and

in such form and manner,

as may be prescribed, make available to registered parents of registered pupils at any pupil referral unit such information about the unit as may be prescribed.

Disapplication of Schedule 4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children with special educational needs

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

School attendance orders

Where a pupil referral unit is named in a school attendance order—

the local authority shall inform the teacher in charge of the unit, and

if another local authority are responsible for determining the arrangements for the admission of pupils to the unit, that authority shall admit the child to the unit;

but paragraph (b) above does not affect any power to exclude from a unit a pupil who is already a registered pupil there.

Section 438(4) does not apply in relation to a pupil referral unit.

A local authority—

shall, before deciding to specify a particular pupil referral unit in a notice under section 438(2) where another local authority are responsible for determining the arrangements for the admission of pupils to the unit, consult that authority; and

if they decide to specify the unit in the notice, shall serve notice in writing of their decision on that authority.

Section 439(7) and (8) apply where a notice is served on a local authority under sub-paragraph (3) above as they apply where notice is served under section 439(6).

The parent of a child in respect of whom a school attendance order is in force may not under section 440 request the local authority to amend the order by substituting a pupil referral unit for the school named in the order.

Where a child is a registered pupil at both a pupil referral unit and at a school other than a unit, the references in section 444 to the school at which he is a registered pupil shall be read as references to the unit.

Where a pupil referral unit is named in a school attendance order made by a local authority under section 436I—

the local authority must without delay, and in any event within the period of five days referred to in section 436I(6)(a) inform the teacher in charge of the unit, and

if another local authority is responsible for determining the arrangements for the admission of pupils in the unit, that authority must admit the child to the unit,

but paragraph (b) above does not affect any power to exclude from a unit a pupil who is already a registered pupil there.

Section 436L(4) does not apply in relation to a pupil referral unit.

A local authority—

must, in a case where another local authority is responsible for the admission of pupils to a pupil referral unit, consult that authority before deciding to specify that unit in a school nomination notice under section 436L, and

if the authority decides to specify the unit in the notice, must serve notice in writing of their decision on that authority.

Section 436N(3) to (9) applies where notice is served on a local authority under sub-paragraph (3) above as it applies where notice is served under section 436N(2).

The parent of a child in respect of whom a school attendance order under section 436I is in force may not under section 436O request the local authority to amend the order by substituting a pupil referral unit for the school named in the order.

Where a child is a registered pupil at both a pupil referral unit and at a school other than such a unit, the references in section 444 to the school at which the child is a registered pupil are to be read as references to the unit.

Management committees

Regulations may make provision—

for requiring any local authority who maintain a pupil referral unit to establish a committee to act as the management committee for the unit; and

for that committee to discharge on behalf of the authority such of their functions in connection with the unit as are delegated by them to the committee in accordance with the regulations.

Regulations under this paragraph may in particular make provision—

for enabling a local authority to establish a joint committee to act as the management committee for two or more pupil referral units maintained by the authority;

for requiring the approval of the Secretary of State to be obtained before any such joint committee is established;

as to the composition of a management committee established under the regulations and—

the appointment and removal of its members, and

their terms of office,

and in particular for requiring such a committee to include persons representing schools . . . situated in the area from which the unit or units in question may be expected to draw pupils;

for requiring or (as the case may be) prohibiting the delegation by—

a local authority; or

in the case of a local authority which are operating executive arrangements, the executive of that authority or any person on behalf of that executive,

to a management committee of such functions in connection with pupil referral units as are specified in the regulations.

for authorising a management committee to establish sub-committees;

for enabling (subject to any provisions of the regulations) a local authority , and in the case of a local authority which are operating executive arrangements the executive of that authority or any person acting on behalf of that executive, or a management committee to determine to any extent the committee’s procedure and that of any sub-committee;

for limiting the personal liability of members of any such committee or sub-committee in respect of their acts or omissions as such members;

about the effect of closure of a pupil referral unit on members of the management committee for the unit or members of any sub-committee;

for applying to any such committee or sub-committee, with or without modification—

any provision of the Education Acts, or

any provision made by or under any other enactment and relating to committees or (as the case may be) sub-committees of a local authority.

In sub-paragraph (2), “executive” and “executive arrangements” have the same meaning as in the Local Government Act 2000.

Status

A funding authority shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the property of the authority shall not be regarded as property of, or property held on behalf of, the Crown.

Powers

Subject to sub-paragraph (2) below, a funding authority may do anything which appears to them to be necessary or expedient for the purpose of or in connection with the discharge of their functions, including in particular—

acquiring and disposing of land and other property,

entering into contracts,

investing sums not immediately required for the purpose of the discharge of their functions, and

accepting gifts of money, land or other property.

A funding authority shall not borrow money.

The Secretary of State may authorise a funding authority to purchase compulsorily any land required for the purpose of implementing any proposals under section 211, 212 or 260 (establishment or change in character of grant-maintained school) which are required to be implemented.

The Acquisition of Land Act 1981 shall apply to compulsory purchase under this paragraph.

Tenure of members

A person shall hold and vacate office as a member of a funding authority in accordance with the terms of his appointment and, on ceasing to be a member, shall be eligible for re-appointment.

A member of a funding authority may at any time resign his office by notice in writing to the Secretary of State.

If the Secretary of State is satisfied that a member of a funding authority—

has been absent from meetings of the authority for a period longer than six consecutive months without the permission of the authority, or

is unable or unfit to discharge the functions of a member,

the Secretary of State may, by notice in writing to that member, remove him from office and thereupon the office shall become vacant.

Salaries, allowances and pensions

A funding authority—

shall pay to their members such salaries or fees, and such travelling, subsistence or other allowances, as the Secretary of State may determine, and

shall, as regards any member in whose case the Secretary of State may so determine, pay or make provision for the payment of such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.

If a person ceases to be a member of a funding authority and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may direct the authority to make to that person a payment of such amount as the Secretary of State may determine.

A funding authority shall pay to the members of any of their committees who are not members of the authority such travelling, subsistence and other allowances as the Secretary of State may determine.

A determination or direction of the Secretary of State under this paragraph requires the approval of the Treasury.

Staff

A funding authority may, with the approval of the Secretary of State as to numbers, appoint such employees as they think fit on such terms and conditions as to remuneration and other matters as the authority may determine.

A determination under sub-paragraph (1) above requires the approval of the Secretary of State given with the consent of the Treasury.

An employee of a funding authority may not be appointed as a member of the authority, and a member of a funding authority may not be appointed as an employee of the authority.

Chief officer

One of the employees of a funding authority shall be the chief officer.

The first chief officer shall be appointed by the Secretary of State on such terms and conditions as to remuneration and other matters as the Secretary of State may with the consent of the Treasury determine.

Each subsequent chief officer shall be appointed by the authority with the approval of the Secretary of State.

Superannuation of employees

Employment with a funding authority shall continue to be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply.

A funding authority shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Where an employee of a funding authority ceases to be such an employee and becomes a member of the authority and was by reference to his employment by the authority a participant in a scheme under section 1 of that Act, the Treasury may determine that his service as a member shall be treated for the purposes of the scheme as service as an employee of the authority (whether or not any benefits are payable to him by virtue of paragraph 6 above).

Committees

A funding authority may establish a committee for any purpose.

The authority shall fix the number of the members which a committee established under this paragraph may have, and the terms on which they are to hold and vacate office.

A committee may include persons who are not members of the authority.

The authority shall keep under review the structure of committees established by them under this paragraph and the scope of each committee’s activities.

Delegation of functions

A funding authority may authorise the chairman, the chief officer or any committee established by them under paragraph 10 above to exercise such of their functions as they may determine.

Proceedings

Without prejudice to any other rights the Secretary of State may require to be accorded to him as a condition of any grants made to a funding authority under section 25—

a representative of the Secretary of State shall be entitled to attend and take part in any deliberations (but not in decisions) at meetings of the authority or of any of their committees, and

the authority shall provide the Secretary of State with such copies of any documents distributed to members of the authority or of any of their committees as he may require.

The validity of any proceedings of a funding authority or of any of their committees shall not be affected by a vacancy amongst the members or by any defect in the appointment of a member.

Subject to the preceding provisions of this Schedule, a funding authority may regulate their own procedure and that of any of their committees.

Accounts

A funding authority shall—

keep proper accounts and proper records in relation to the accounts;

prepare a statement of accounts in respect of each financial year of the authority; and

send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.

The statement of accounts shall comply with any directions given by the Secretary of State with the approval of the Treasury as to—

the information to be contained in it,

the manner in which the information contained in it is to be presented, or

the methods and principles according to which the statement is to be prepared,

and shall contain such additional information as the Secretary of State may with the approval of the Treasury require to be provided for the information of Parliament.

The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament.

In this paragraph “financial year” means the period beginning with the date on which the authority is established and ending with the next following 31st March, and each successive period of twelve months.

Application of seal and proof of instruments

The application of the seal of a funding authority shall be authenticated by the signature—

of the chairman or of some other person authorised either generally or specifically by the authority to act for that purpose, and

of one other member.

Any document purporting to be an instrument made or issued by or on behalf of a funding authority and to be—

duly executed under their seal, or

signed or executed by a person authorised by the authority to act in that behalf,

shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

Functions relating to grant-maintained schools

The Secretary of State may by order provide for any of his functions under the provisions of this Act mentioned in sub-paragraph (2) to be exercisable instead by a funding authority, either generally or in such circumstances as may be specified in the order.

Those provisions are—

sections 220 and 221 (alterations to instruments and articles of government);

section 231(6) (consent to borrowing);

section 233 (making and varying joint schemes);

section 302 (variation of trust deeds);

paragraph 5 of Schedule 21 (transitional powers of governing bodies); and

paragraph 15 of Schedule 22 (approval of schemes for payment of allowances to governors).

An order under this paragraph may—

confer or impose such related functions on the funding authority, and

provide for Part III of this Act to have effect with such modifications,

as the Secretary of State considers necessary or desirable in connection with any transfer of any functions under the provisions of this Act mentioned in sub-paragraph (2).

Functions under agreements relating to CTCs and CCTAs

The Secretary of State may by order provide—

for a funding authority to exercise the function of making and receiving payments under all or any of the agreements which he has entered into or may enter into under section 482 (CTCs and CCTAs); and

for any such agreement to have effect accordingly.

Any sums received by a funding authority in the exercise of those functions shall be paid to the Secretary of State.

Functions in respect of grants for certain expenditure due to ethnic minority population

The Secretary of State may by order impose on a funding authority the function of paying on his behalf grants under section 11 of the Local Government Act 1966 (grants in respect of ethnic minority population) so far as payable by him by virtue of section 490 (grants to grant-maintained schools, CTCs and CCTAs).

The payments shall be of such amounts and be paid to such persons as the Secretary of State may, in accordance with section 11 of the Local Government Act 1966, determine.

Introductory

Where an order under section 27 is in force, the Education Acts shall have effect subject to—

this Schedule, and

the provisions of this Act which modify the effect of any provision of those Acts, or confer new functions, in respect of any area to which such an order applies.

In particular, to the extent that this Schedule governs the payments to be made to any local education authority or the governing body of any grant-maintained school in respect of charges by that authority or body for the provision of board and lodging (at a boarding school or otherwise than at school), section 458(2) to (5) and section 514(5) (charges) shall not apply.

In this Schedule—

sections 458(1) and 514(4) are referred to as the “existing charging provisions”; and

“maintained school” means any county or voluntary school or any maintained special school not established in a hospital.

Functions where responsibility for providing sufficient school places is shared

Introductory

If an order under section 27(1)(a) applies to the area of a local education authority, this Part of this Schedule has effect in respect of that area in relation to relevant education.

Responsibility for providing sufficient school places

If the schools providing relevant education which are available for the area are not sufficient, the funding authority shall, for the purpose of securing the availability of sufficient schools providing such education for the area, exercise their powers to make proposals for the establishment, alteration and discontinuance of schools.

In performing that duty, the funding authority shall have regard to the need for securing that special educational provision is made for pupils who have special educational needs.

The schools available for any area shall not be treated as sufficient for the purposes of this paragraph unless they are sufficient for the purposes of section 14(1) (duty of local education authority to secure availability of schools).

Nothing in this paragraph requires a funding authority to take any action where to do so would not be an effective use of their resources.

In this paragraph “powers to make proposals for the establishment, alteration and discontinuance of schools” means all or any of the powers to publish proposals under sections 211, 260 or 268 or give notice of proposals under section 339.

Functions where responsibility for providing sufficient school places is transferred

Introductory

If an order under section 27(1)(b) applies to the area of a local education authority, this Part of this Schedule has effect in respect of that area in relation to relevant education.

Responsibility for providing sufficient school places

The duty under section 14(1) shall be discharged by the funding authority instead of the local education authority.

In discharging that duty the funding authority shall, in particular, have regard to the matters referred to in section 14(6)(b) (provision for pupils who have special educational needs).

The funding authority may provide board and lodging otherwise than at school for pupils at maintained or grant-maintained schools; and, where the authority do so, the parents of the pupils concerned shall, subject to the following provisions of this Schedule, pay charges to the authority not exceeding the cost to the authority of the provision.

Where the governing body of a grant-maintained school provide board and lodging at the school for pupils there, the parents of the pupils concerned shall, subject to the following provisions of this Schedule, pay charges to the governing body not exceeding the cost to the governing body of the provision.

The local education authority may continue to secure the provision of relevant education falling within section 14(1) and (subject to paragraph 7) to secure the provision of schools for that purpose.

In exercising those powers the local education authority shall, in particular, have regard to the matters referred to in section 14(6) (which include the separation of primary and secondary education, and the provision of boarding accommodation for those for whom boarding is desirable).

Where the local education authority—

provide board and lodging at a maintained school for pupils there, or

provide board and lodging otherwise than at school for pupils at maintained or grant-maintained schools,

the parents of the pupils concerned shall, subject to the following provisions of this Schedule, pay charges to the authority not exceeding the cost to the authority of the provision.

Powers to establish, maintain and alter schools

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Charges for board and lodging or independent education

Sub-paragraph (3) below applies where—

any pupil of compulsory school age ordinarily resident in the area is being provided with board and lodging (at a boarding school or otherwise than at school) or with education at a school which is not a maintained or grant-maintained school;

the funding authority are of the opinion that it is not practicable for the pupil to obtain admission to any maintained or grant-maintained school which is a reasonable distance from his home and provides efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have; and

the authority are of the opinion that it is appropriate for the pupil to be provided with the particular board and lodging or, as the case may be, education.

Sub-paragraph (3) below also applies where—

any pupil ordinarily resident in the area is being provided with board and lodging (at a boarding school or otherwise than at school) or with education at a school which is not a maintained or grant-maintained school; and

the funding authority are of the opinion that—

the conditions in sub-paragraph (1) above have been, but are no longer, met by reason only of the pupil having ceased to be of compulsory school age or sub-paragraph (1)(b) above having ceased to apply, and

it would not be desirable for the pupil to cease to be provided with the particular board and lodging or, as the case may be, education.

Where this sub-paragraph applies—

if board and lodging is provided by the funding authority, no charge shall be payable to the authority under this Schedule in respect of the board and lodging;

if board and lodging is provided at a maintained or grant-maintained school or by a local education authority, the funding authority shall pay the whole of the charges payable to any local education authority or governing body under this Schedule or the existing charging provisions in respect of the board and lodging; and

in any other case the funding authority shall pay the whole of the fees payable in respect of the board and lodging or, as the case may be, the education.

This paragraph does not apply in the case of a pupil for whom a statement is maintained under section 324.

This paragraph applies where any pupil ordinarily resident in the area is being provided—

with board and lodging (at a boarding school or otherwise than at school), or

with education at a school which is not a maintained or grant-maintained school,

but does not apply in any case where paragraph 9(3) applies.

If board and lodging is provided at a school maintained by the responsible education authority and the authority are of the opinion that it is desirable for the pupil to be provided with board and lodging, or board and lodging otherwise than at school is provided by the authority, then—

the authority may remit the whole or any part of the charges payable to them under this Schedule in respect of the board and lodging; and

if they are of the opinion that, in order to avoid financial hardship to the pupil’s parent, the parent should not pay the whole or any part of those charges, the authority shall remit the whole or, as the case may be, that part of those charges.

If board and lodging otherwise than at school is provided by the funding authority, or board and lodging is provided at a grant-maintained school or a school maintained by another local education authority, then—

the responsible education authority may pay the charges payable to the funding authority, or any local education authority or governing body, under this Schedule or the existing charging provisions in respect of the board and lodging; and

if they are of the opinion that it is desirable for the pupil to be provided with board and lodging, they shall pay so much (if any) of those charges as in their opinion is required to be paid by them in order to avoid financial hardship to the parent.

In any other case to which this paragraph applies—

the local education authority may pay the whole of the fees payable in respect of the board and lodging or, as the case may be, the education; and

if they are of the opinion that it is—

desirable for the pupil to be provided with board and lodging, and

appropriate for him to be provided with the particular board and lodging,

they shall pay so much (if any) of the fees payable in respect of board and lodging as in their opinion is required to be paid by them in order to avoid financial hardship to the parent; and

if they are of the opinion that it is—

desirable for the pupil to be provided with education otherwise than in a maintained or grant-maintained school, and

appropriate for him to be provided with the particular education,

they shall pay so much (if any) of the fees payable in respect of the education as in their opinion is required to be paid by them in order to avoid financial hardship to the parent.

In this paragraph “the responsible education authority”, in relation to a pupil ordinarily resident in any area, means the local education authority for the area.

This paragraph does not apply in the case of a pupil for whom a statement is maintained under section 324.

Where a pupil in the area for whom a statement is maintained under section 324 is attending a maintained or grant-maintained school, this paragraph applies if he is provided with board and lodging at the school or otherwise than at school and either—

the school is named in the statement and—

the responsible education authority are satisfied that the necessary special educational provision cannot be provided for him at the school unless the particular board and lodging are also provided, or

the responsible education authority are satisfied that the necessary special educational provision cannot be provided for him at the school unless board and lodging are also provided and that it is appropriate for him to be provided with the particular board and lodging; or

the school is not named in the statement but the responsible education authority are satisfied that the necessary special educational provision cannot be provided for him unless board and lodging are also provided and that it is appropriate for him to be provided with the particular board and lodging.

Where the board and lodging is provided by the responsible education authority, no charge shall be payable to the authority under this Schedule in respect of the board and lodging.

Where the board and lodging is provided—

by the funding authority or another local education authority, or

at a grant-maintained school or a school maintained by another local education authority,

the responsible education authority shall pay the charges payable to the funding authority or any local education authority or governing body under this Schedule or the existing charging provisions in respect of the board and lodging.

In any other case to which this paragraph applies, the responsible education authority shall pay to the person providing the board and lodging the whole of the fees in respect of the board and lodging.

In this paragraph “the responsible education authority”, in relation to a pupil, means the local education authority responsible for the pupil for the purposes of Part IV (special educational needs).

Where a pupil in the area for whom a statement is maintained under section 324 is attending a maintained or grant-maintained school and is provided with board and lodging at the school or otherwise than at school, then—

where the board and lodging is provided by the responsible education authority, the authority may remit the whole or any part of the charges payable to them under this Schedule in respect of the board and lodging;

where the board and lodging is provided—

by the funding authority or another local education authority, or

at a grant-maintained school or a school maintained by another local education authority,

the responsible education authority may pay the whole or any part of the charges payable to the funding authority or any local education authority or governing body under this Schedule or the existing charging provisions in respect of the board and lodging; and

in any other case, the responsible education authority may pay to the person providing the board and lodging the whole or any part of the fees in respect of the board and lodging.

In this paragraph “the responsible education authority”, in relation to a pupil, means the local education authority responsible for the pupil for the purposes of Part IV.

General

The following provisions shall not apply—

section 458 (charges and remission of charges for board and lodging in maintained and grant-maintained schools);

section 514 (power of LEA to provide board and lodging otherwise than at school and recovery of charges from parents); and

section 517(3) (payment by LEA of fees where pupil attends non-maintained school because of shortage of places in maintained and grant-maintained schools).

Any charges payable to the local education authority, the funding authority or the governing body of a grant-maintained school under this Schedule may be recovered summarily as a civil debt.

If—

within the period mentioned in subsection (3), the parent—

applies to the funding authority, or the local education authority by whom the notice was served, for education to be provided for the child at a school which is not a school maintained by a local education authority or a grant-maintained school, and

in the case of an application to the funding authority, notifies the local education authority by whom the notice was served of the application,

the child is offered a place at the school, and

either the funding authority are required under paragraph 9 of Schedule 4 to pay the fees payable in respect of the education provided at the school or the local education authority agree to pay the whole of those fees under paragraph 10 of that Schedule,

that school shall be named in the order.

If at any time—

the parent applies to the funding authority or the local education authority by whom the notice was served for education to be provided for the child at a school which is not a school maintained by a local education authority or a grant-maintained school and is different from the school named in the order,

the child is offered a place at the school,

the parent requests the local education authority to amend the order by substituting that school for the one currently named,

the authority shall comply with the request.

Functions where responsibility either shared or transferred

Introductory

If an order under section 27(1)(a) or (b) applies to the area of a local education authority, this Part of this Schedule has effect in respect of that area in relation to relevant education.

Responsibility for providing sufficient school places

In relation to any power under section 211 to publish proposals for the establishment of a grant-maintained school—

references to establishing a school for the purpose of providing primary education include establishing a primary school which also provides secondary education; and

references to establishing a school for the purpose of providing secondary education include establishing a secondary school which also provides primary education.

Where relevant education is only primary education—

no proposals may be published under section 260 in respect of any grant-maintained school which is a secondary school or if the implementation of the proposals would cause the school to become a secondary school;

no proposals may be published under section 268 in respect of any grant-maintained secondary school; and

no direction may be given under section 428(2) to the governing body of any grant-maintained secondary school.

Where relevant education is only secondary education—

no proposals may be published under section 260 in respect of any grant-maintained school which is a primary school or if the implementation of the proposals would cause the school to become a primary school;

no proposals may be published under section 268 in respect of any grant-maintained primary school; and

no direction may be given under section 428(2) to the governing body of any grant-maintained primary school.

The funding authority shall not by virtue of paragraph 3 or 5 be under any duty in respect of junior pupils who have not attained compulsory school age.

Boarding schools

The powers of the funding authority to publish proposals under sections 211 and 260 or to give notice of proposals under section 339 may, in particular, be so exercised as to secure the provision of boarding accommodation at boarding schools.

Other modifications of this Act

Section 259 shall have effect as if the funding authority were among the persons who may submit objections under subsection (6) of that section to proposals under that section.

Section 267 shall have effect as if—

the reference in subsection (3) to the local education authority included the funding authority; and

the funding authority were among the persons who may submit objections under subsection (7) of that section to proposals under that section.

Section 272 shall have effect as if—

paragraph (a) of subsection (1) were omitted, and

the funding authority were among the persons required to be consulted under subsection (5)(b).

Section 426(4) shall have effect as if the reference to the Secretary of State were to the funding authority.

Preservation of special agreements

Any special agreement in force immediately before the commencement of this Act shall continue in force despite the repeal by this Act of Schedule 3 to the Education Act 1944.

Variation of special agreements

A special agreement may be varied by a further agreement between the local education authority and the governors of the school to which it relates, or in such other manner (if any) as may be specified in the agreement.

Sub-paragraph (1) has effect subject to the requirements of paragraph 3.

The grant requirements

A special agreement shall provide for the making of a grant by the local education authority to persons specified in the agreement in consideration of the execution by those persons of the proposals to which the agreement relates.

Subject to sub-paragraph (3), the amount of any such grant shall be not less than half, and not more than three-quarters, of the cost of executing the proposals to which the agreement relates.

Where the proposals include proposals for establishing a playing field or any buildings of a kind which it is, under section 45(2)(b), the duty of the local education authority to provide, then—

if the proposals as respects the playing field or buildings are to be executed by the persons specified in the agreement, the amount of the grant (so far as attributable to the cost thereof) shall be equal to the whole of the cost; and

if those proposals are to be executed by the local education authority, the cost thereof shall be borne by them and excluded in computing the amount of the grant.

Religious education

A special agreement may provide—

for the giving of religious education in the school in accordance with the provisions of the trust deed relating to it, or (where provision for that purpose is not made by such a deed) in accordance with the practice observed in the school before it became a voluntary school; and

for the employment in the school, for the purpose of giving such religious education, of such number of reserved teachers as may be specified in the agreement.

Sub-paragraph (1)(a) has effect subject to section 378(1)(c) and any arrangements made under section 378(2).

Repayment of grants

Any grant made in respect of a school in pursuance of a special agreement may, at any time while the school is a special agreement school, be repaid by the governing body to the local education authority by whom the school is maintained.

Modification of obligations with respect to repairs and alterations

Where a special agreement is in force in relation to a school, then, until the proposals to which the agreement relates have been carried out—

the provisions of Part II relating to the respective obligations of the governing bodies of voluntary schools and the local education authority in respect of repairs and alterations to the premises of the school shall not have effect in relation to the school; and

the respective obligations of the governing body of the school and the local education authority in relation to those matters shall instead be such as may be determined by agreement between the governing body and the authority or, in default of agreement, by the Secretary of State.

In connection with proposals by a local education authority under section 35(1)(b) for the maintenance as a county school of a school which is for the time being maintained by them as a voluntary school, they and the school’s governing body may make an agreement for the transfer to the authority of any interest in the school premises which is held by any persons for the purposes of any trust deed relating to the school.

Such an agreement shall not take effect unless it has been approved by the Secretary of State.

The Secretary of State shall not approve such an agreement unless—

he is satisfied that due notice of the agreement has been given to—

any persons (other than the governing body) who have an interest in the school by virtue of a trust deed relating to it, and

any other persons who appear to him to be concerned; and

he is satisfied that the execution of the agreement will effect the transfer of all interests necessary for the purpose of enabling the authority to maintain the school as a county school.

Before approving an agreement under this Schedule, the Secretary of State shall consider any representations made to him by or on behalf of any persons appearing to him to be concerned with the proposed transfer.

An agreement under this Schedule—

may provide for the transfer to the authority, subject to any conditions, reservations and restrictions specified in the agreement, either of the whole of any such interest as is referred to in paragraph 1 or of a lesser interest in the premises, and

may include such other provisions (whether relating to the consideration for the transfer or otherwise) as may be agreed upon between the authority and the governing body.

Where an agreement under this Schedule has been approved by the Secretary of State, the governing body may, whether or not the interest to be transferred under the agreement is vested in them, convey that interest to the authority.

Where a person other than the governing body has a right to the occupation or use of the school premises or any part of them for a particular purpose, no provision of an agreement under this Schedule shall affect that right unless he has consented to it.

In this Schedule “premises” includes a teacher’s dwelling-house.

Name and seal of incorporated body

A governing body incorporated under section 88(1) shall be known as “The governing body of ...” with the addition of the name of the school.

The application of the seal of any such governing body must be authenticated by the signature—

of the chairman of the governing body, or

of some other member authorised either generally or specially by the governing body to act for that purpose,

together with the signature of any other member.

Every document purporting to be an instrument made or issued by or on behalf of any such governing body and—

to be duly executed under the seal of the governing body, or

to be signed or executed by a person authorised by the governing body to act in that behalf,

shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

Powers of incorporated body

A governing body incorporated under section 88(1) may do anything (including in particular the things referred to in the following sub-paragraphs) which appears to them to be necessary or expedient for the purpose of or in connection with the exercise of any of the functions conferred on them under or in pursuance of any enactment.

A governing body so incorporated may—

acquire and dispose of land and other property;

enter into contracts, other than contracts of employment;

invest any sums not immediately required for the purposes of carrying on any activities they have power to carry on;

accept gifts of money, land and other property and apply it, or hold and administer it on trust, for any of those purposes; and

do anything incidental to the conduct of the school.

Sub-paragraphs (1) and (2) have effect subject to—

any provisions of the instrument of government or articles of government for the school, and

if the school has a delegated budget (as defined in section 115(b)) any provisions of the scheme falling within section 101(1) which covers the school.

The governing body so incorporated of an aided school may enter into contracts for the employment of teachers and other staff, subject to any provisions of the articles of government for the school other than any provisions for the time being excluded by section 137(2) (aided schools having delegated budgets) from applying to the school.

Property, rights and liabilities

On the incorporation under section 88(1) of a governing body (“the new governing body”) for a school which, immediately before the incorporation date, was conducted by a temporary governing body constituted under arrangements made under section 96 or 97—

all land and other property which, immediately before the date of incorporation, was property of the temporary governing body used or held for the purposes of the school, and

all rights and liabilities of the temporary governing body subsisting immediately before that date which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body.

On the incorporation under section 88(1) of a governing body (“the new governing body”) constituted under an instrument of government for two or more schools grouped in pursuance of a resolution under section 89—

all land and other property which, immediately before the date of incorporation, was property of the governing body of any of those schools used or held for the purposes of the school in question, and

all rights and liabilities of the governing body of any of those schools subsisting immediately before that date which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body.

Contracts of employment

Without prejudice to the generality of paragraphs 3 and 4, where those provisions effect a transfer of rights and liabilities under a contract of employment—

the contract shall have effect from the date of incorporation as if originally made between the employee and the incorporated governing body, and

without prejudice to sub-paragraph (a) above, 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 date to have been done by or in relation to the incorporated governing body,

but no right of the employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions shall arise by reason only of the change of employer effected by those provisions.

Dissolution and discontinuance

A governing body incorporated under section 88(1) are dissolved by virtue of this paragraph—

if the school they conduct is discontinued;

where the school becomes a grant-maintained school or grant-maintained special school, when the local education authority cease to maintain the school; or

if a new governing body of the school are constituted under Chapter IV of Part II.

Where such a governing body conduct two or more schools, sub-paragraph (1) applies when, in relation to each of the schools, paragraph (a), (b) or (c) is satisfied.

Where such a governing body are to be dissolved by reason of—

the discontinuance of the county, voluntary or maintained special school which they conduct, or

in the case of a governing body conducting two or more such schools, the discontinuance of each such school conducted by them,

they shall have power to transfer any land or other property of theirs which is used or held for the purposes of the school to any person who provides education.

Where such a governing body are so dissolved—

any such land or property for which no provision has been made under sub-paragraph (1) for transfer, and

all rights and liabilities of the governing body subsisting immediately before the date of dissolution which were acquired or incurred for the purposes of the school in question,

shall be transferred to and, by virtue of this Act, vest in the local education authority.

Sub-paragraphs (1) and (2) do not apply to any land or other property held by the governing body on trust for the purposes of a voluntary school; and any such land or other property so held shall be transferred to and, by virtue of this Act, vest in the trustees of the school.

This paragraph applies where such a governing body dissolved by virtue of paragraph 6 are the governing body of two or more schools grouped in pursuance of a resolution under section 89.

Where none of the schools in the group are discontinued, then in the case of each school formerly a member of the group—

all land and other property which, immediately before the date of dissolution, was property of the governing body used or held for the purposes of that school, and

all rights and liabilities of the governing body subsisting immediately before that date which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body of the school in accordance with the order providing for the instrument of government for the school.

An order made by virtue of sub-paragraph (2) may provide that—

the whole or any part of any such land and other property which was property of the governing body used or held for the purposes of the schools in the group, and

any such rights and liabilities of the governing body which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body of the school.

Where not all of the schools in the group are discontinued, then in the case of each school formerly a member of the group which is not discontinued—

all land and other property which, immediately before the date of dissolution, was property of the governing body used or held for the purposes of that school, and

all rights and liabilities of the governing body subsisting immediately before that date which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body of the school in accordance with the order providing for the instrument of government for the school.

An order made by virtue of sub-paragraph (4) may provide that—

the whole or any part of any such land and other property which was property of the governing body used or held for the purposes of any school which is to be discontinued or the schools in the group, and

any such rights and liabilities of the governing body which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body of the school.

Sub-paragraph (5) does not apply to any land or other property held by the governing body on trust for the purposes of a voluntary school; and any such land or other property so held shall be transferred to and, by virtue of this Act, vest in the trustees of the school.

This paragraph applies in relation to the governing body of two or more schools grouped in pursuance of a resolution under section 89.

Where one or more schools conducted by the governing body are discontinued but the governing body are not dissolved by reason of the discontinuance, then in the case of each school formerly a member of the group which is discontinued—

all land and other property which, immediately before the date of dissolution, was property of the governing body used or held for the purposes of that school, and

all rights and liabilities of the governing body subsisting immediately before that date which were acquired or incurred for those purposes,

shall be held by the governing body for the purposes of the schools in the group.

Sub-paragraph (2) does not apply to any land or other property held by the governing body on trust for the purposes of a voluntary school; and any such land or other property so held shall be transferred to and, by virtue of this Act, vest in the trustees of the school.

Where, in the case of one or more schools conducted by the governing body, new governing bodies are constituted under Chapter IV of Part II to conduct those schools but the governing body are not dissolved by reason of the constitution of such bodies, then in the case of each school formerly a member of the group—

all land and other property which, immediately before the date of dissolution, was property of the governing body used or held for the purposes of that school, and

all rights and liabilities of the governing body subsisting immediately before that date which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body of the school in accordance with the order providing for the instrument of government for the school.

For the purposes of this Schedule, references to the discontinuance of a school are—

to the local education authority ceasing to maintain it in accordance with proposals under section 167 (discontinuance of county or voluntary schools) or section 339 (discontinuance of special schools), or

to its discontinuance under section 173 (discontinuance by governors of voluntary schools).

Supplementary provisions about transfers

Where a transfer under this Schedule relates to registered land, it shall be the duty of the transferor—

to execute any such instrument under the Land Registration Acts 1925 to 1986,

to deliver any such certificate under those Acts, and

to do such other things under those Acts,

as he would be required to execute, deliver or do in the case of a transfer by agreement between the transferor and the transferee.

Paragraphs 6 to 8 of Schedule 1.0 to the Education Reform Act 1988 (construction of agreements) shall apply in relation to transfers effected by this Schedule as they apply to transfers to which that Schedule applies.

Introductory

In this Schedule, except where a school of a particular category is referred to—

“governing body” means the governing body of a county, voluntary or maintained special school, and

“school” means a county, voluntary or maintained special school.

Co-option or other appointment of governors

Subject to sub-paragraph (2), where the instrument of government for a county, controlled or maintained special school provides for one or more persons to be co-opted by governors as members of the governing body, it shall not make any provision which has the effect of restricting those governors in their choice of person to co-opt.

The instrument of government for a county, controlled or maintained special school shall require the governors concerned, in co-opting a person to be a member of the governing body—

to have regard—

to the extent to which they and the other governors are members of the local business community, and

to any representations made to the governing body as to the desirability of increasing the connection between the governing body and that community, and

where it appears to them that no governor of the school is a member of the local business community or that it is desirable to increase the number of governors who are, to co-opt a person who appears to them to be a member of that community.

In this paragraph references to the co-option of governors—

are to the co-option of governors required to be co-opted by virtue of section 79; but

do not include the co-option of foundation governors.

If—

the instrument of government for a school provides for one or more governors to be appointed by persons acting jointly, and

those persons fail to make an agreed appointment,

the appointment shall be made by, or in accordance with a direction given by, the Secretary of State.

The instrument of government for a voluntary school shall name the person or persons (if any) who are entitled to appoint any foundation governor.

Ex officio governors

If a school has more than one head teacher (whether or not as a result of two or more schools being grouped under section 89), each of them shall be a governor (ex officio) unless he chooses not to be.

The instrument of government for a voluntary school may provide for any foundation governorship to be held ex officio by the holder of an office named in the instrument.

Election of governors

In this paragraph “the appropriate authority”—

in relation to a county, controlled or maintained special school, means the local education authority, and

in relation to an aided or special agreement school, means the governing body.

The appropriate authority in relation to a school shall determine—

for the purposes of an election of parent governors, any question whether a person is a parent of a registered pupil at the school, and

for the purposes of an election of teacher governors, any question whether a person is a teacher at the school.

The appropriate authority shall make all necessary arrangements for, and determine all other matters relating to, an election of parent governors or teacher governors.

The power conferred by sub-paragraph (3)—

includes power to make provision as to qualifying dates, but

does not include power to impose any requirement as to the minimum number of votes required to be cast for a candidate to be elected.

Any election of parent governors or teacher governors which is contested shall be held by secret ballot.

The arrangements made under sub-paragraph (3) shall, in the case of any election of a parent governor, provide for every person who is entitled to vote in the election to have an opportunity to do so by post or, if he prefers, by having his ballot paper returned to the school by a registered pupil at the school.

Where a vacancy for a parent governor is required to be filled by election, the appropriate authority shall take such steps as are reasonably practicable to secure that every person who is known to them to be a parent of a registered pupil at the school is—

informed of the vacancy and that it is required to be filled by election;

informed that he is entitled to stand as a candidate, and vote, at the election; and

given an opportunity to do so.

Qualifications of governors and tenure of office

No person shall be qualified for membership of a governing body unless he is aged 18 or over at the date of his election or appointment.

No person shall at any time hold more than one governorship of the same school.

Regulations may make provision as to the circumstances in which persons are to be disqualified for holding office as governors of schools.

The instrument of government for a school may make provision as to circumstances in which persons are to be disqualified for holding office as governors of the school.

The fact that a person is qualified to be elected or appointed as a governor of a particular category of a school does not disqualify him for election or appointment as a governor of any other category of that school.

The instrument of government for a county, controlled or maintained special school shall provide for each governor, other than one who is a governor ex officio, to hold office for a term of four years.

The instrument of government for an aided secondary school shall provide for each governor appointed by a person named in the instrument as a sponsor of the school to hold office for such term (not being less than five nor more than seven years) as may be specified in the instrument.

This paragraph shall not be taken to prevent a governor—

from being elected or appointed for a further term, or

from being disqualified, by virtue of provision made under paragraph 10, for continuing to hold office.

Any governor of a school may at any time resign his office.

Any governor of a school who was appointed otherwise than by being co-opted, or any foundation governor of a voluntary school, may be removed from office by the person or persons who appointed him.

For the purposes of this paragraph, a parent governor appointed in accordance with any provision made by virtue of section 81 shall be treated as having been co-opted.

Meetings and proceedings

The proceedings of a governing body of a school shall not be invalidated by—

any vacancy among their number, or

any defect in the election or appointment of any governor.

Regulations may make provision (including provision modifying the effect of paragraph 14) as to the meetings and proceedings of governing bodies.

The instrument of government for a school may make provision as to the meetings and proceedings of the school’s governing body.

The provision that may be made under sub-paragraph (1) or (2) includes, in particular, provision—

for the election by the governors of a school of one of their number to be chairman, and one to be vice-chairman, of the governing body;

for the period for which the chairman and vice-chairman are to be elected;

for the establishment by the governing body of committees (which may include persons who are not members of the governing body) and for the constitution, meetings and proceedings of committees so established;

for the delegation of functions of the governing body, in such circumstances as may be specified, to committees established by that body, to any member of that body or to the head teacher;

for the chairman, or such other member of a governing body as may be specified, to have power in specified circumstances to discharge any of the governing body’s functions as a matter of urgency; and

as to the quorum required for the purposes of making appointments of parent governors in accordance with any provision made by virtue of section 81 or when business is transacted by governors of a particular category.

In sub-paragraph (3) “specified” means specified in regulations or the instrument of government (as the case may be).

No decision of a kind mentioned in sub-paragraph (2) which is taken at a meeting of the governing body of an aided or special agreement school shall have effect unless it is confirmed at a second meeting of the governing body held not less than 28 days after the first.

The decisions in question are—

any decision that would result in—

the submission of any proposals under section 41 (alteration etc. of school), or

a transfer of the school to a new site in circumstances falling within section 41(3), or

the submission of any proposals under section 51 (division of school into two or more schools);

any decision—

to request the making of an order under section 46 (establishment of new school in substitution for old) or section 47 (transfer to new site), or

as to the submissions to be made to the Secretary of State in any consultations under section 46(4) or section 47(3) (transfer to new site);

any decision that would result in an application under section 57 or 58(1) (revocation of order by virtue of which school is aided or special agreement school);

any decision to serve a notice under section 173 (discontinuance of school); and

any decision to make an agreement under Schedule 6 (transfer to local education authority of interests in school premises on school changing to county school).

Information as to meetings and proceedings

The minutes of the proceedings of the governing body of a school shall be open to inspection by the local education authority.

Regulations may require the governing body of a school to make available, to such persons or classes of person as may be prescribed, such documents and information relating to the meetings and proceedings of the governing body as may be prescribed.

Documents and information required by the regulations to be made available shall be made available in such form and manner, and at such times, as may be prescribed.

Travelling and subsistence allowances

Section 519 makes provision for a local education authority to pay travelling and subsistence allowances to governors of a school where it does not have a delegated budget.

Information and training for governors

The local education authority shall secure that every governor of a school is provided (free of charge) with—

a copy of the school’s instrument of government and articles of government, and

such other information as they consider appropriate in connection with the discharge of his functions as a governor.

The local education authority shall also secure that there is made available to every governor of a school (free of charge) such training as the authority consider necessary for the effective discharge of those functions.

Conflict between instrument of government and regulations

Any provision made by an instrument of government by virtue of paragraph 10(2), 11 or 15(2) which relates to a matter dealt with by regulations under paragraph 10(1) or 15(1) shall have effect subject to the regulations.

Preliminary

In this Schedule—

“arrangement” means an arrangement made under section 96 or 97 for the constitution of a temporary governing body; and

“promoters”, in relation to a new school which will be a voluntary school, means the persons making the relevant proposals.

Constitution of temporary governing bodies

Subject to the following provisions of this Schedule, a temporary governing body of a new school shall be constituted—

in accordance with sections 79 and 80 (so far as applicable), where the school will be a county, controlled or maintained special school, and

in accordance with sections 84 and 85 (so far as applicable), where the school will be an aided school.

For the purposes of the application of section 79, 80, 84 or 85 in relation to the constitution of the temporary governing body of a new school, the new school shall be treated as having as registered pupils the maximum number of pupils referred to in the relevant proposals.

A local education authority shall not make an arrangement in respect of a new school which will be a controlled school without the agreement of the promoters as to the provision which will be made in relation to the temporary foundation governors; and in the event of any disagreement between the authority and the promoters in respect of that provision, either of them may refer the matter to the Secretary of State.

A local education authority shall not make an arrangement in respect of a new school which will be an aided school without the agreement of the promoters as to the composition of the temporary governing body; and in the event of any disagreement between the authority and the promoters as to the composition of that body, either of them may refer the matter to the Secretary of State.

On a reference under this paragraph, the Secretary of State shall give such direction as he thinks fit.

Appointment of temporary governors

The temporary parent governors of a new school shall, subject to paragraph 6, be appointed—

where the school will be a county, controlled or maintained special school, by the local education authority, and

where it will be an aided school, by the promoters.

The temporary teacher governors of a new school shall, subject to paragraph 6, be co-opted by a resolution passed at a meeting of those temporary governors who have not themselves been co-opted.

Where—

two or more schools have been, or are to be, discontinued, and

the registered pupils at those schools, or a substantial number of those pupils, are expected to transfer to a new school,

the local education authority may provide for any of the governing bodies of the discontinued schools to appoint some or all of the temporary parent or teacher governors of the new school.

No provision may be made under sub-paragraph (1) for the appointment of temporary parent or teacher governors of a new school which will be an aided school without the agreement of the promoters; and in the event of any disagreement between the authority and the promoters as to whether any such provision should be made, either of them may refer the matter to the Secretary of State.

On a reference under sub-paragraph (2), the Secretary of State shall give such direction as he thinks fit.

Before making any provision under sub-paragraph (1) for the appointment of temporary parent or teacher governors of a new school which will be a controlled school, the local education authority shall consult the promoters.

No person shall be appointed under paragraph 4 or 6 as a temporary parent governor of a new school unless—

he is the parent of a child who is likely to become a registered pupil at the school, or

where it is not reasonably practicable to appoint such a person, he is the parent of a child of compulsory school age.

No person shall be appointed under paragraph 4 as a temporary parent governor of a new school if he is—

an elected member of the local education authority; or

an employee of the authority or of the governing body of any aided school maintained by the authority.

No person shall be appointed under paragraph 5 or 6 as a temporary teacher governor of a new school unless he is employed as a teacher in a school maintained by a local education authority.

Where any person, other than a prospective sponsor, appoints a person as a temporary governor of a new school, he shall have regard to the desirability of that person being suitably experienced.

For the purposes of this paragraph a person is suitably experienced—

if he has served as a governor or temporary governor of a school, and

in particular, in a case where registered pupils at another school which has been, or is to be, discontinued are expected to transfer to the new school, if he has served as a governor or temporary governor of that other school.

In sub-paragraph (1) “prospective sponsor” means a person who is to be named in the instrument of government as a sponsor of the school in question.

Subject to sub-paragraph (2), where temporary governors are required to co-opt one or more persons to be members of the temporary governing body, the arrangement under which the temporary governing body are constituted shall not make any provision which has the effect of restricting those temporary governors in their choice of person to co-opt.

In co-opting a person to be a member of a temporary governing body of a new school which will be a county, controlled or maintained special school, the temporary governors concerned shall have regard—

to the extent to which they and the other temporary governors are members of the local business community, and

to any representations made to the temporary governing body as to the desirability of increasing the connection between the temporary governing body and that community,

and, where it appears to them that no temporary governor of the new school is a member of the local business community or that it is desirable to increase the number of temporary governors who are, shall co-opt a person who appears to them to be a member of that community.

This paragraph does not apply in relation to the co-option of temporary foundation governors, and sub-paragraph (2) does not apply in relation to the co-option of temporary teacher governors.

If—

a temporary governor is to be appointed by persons acting jointly, and

those persons fail to make an agreed appointment,

the appointment shall be made by, or in accordance with a direction given by, the Secretary of State.

Qualifications of temporary governors and tenure of office

No person shall be qualified for membership of a temporary governing body unless he is aged 18 or over at the date of his appointment.

No person shall at any time hold more than one temporary governorship of the same school.

The fact that a person is qualified to be appointed as a temporary governor of a particular category of a new school does not disqualify him for appointment as a temporary governor of any other category of that school.

Regulations may make provision as to the circumstances in which persons are to be disqualified for holding office as temporary governors.

A member of a temporary governing body may at any time resign his office, or be removed from office, in the same way as a member of a governing body constituted under an instrument of government.

Meetings and proceedings

The proceedings of a temporary governing body shall not be invalidated by—

any vacancy among their number, or

any defect in the appointment of any temporary governor.

If the clerk to a temporary governing body fails to attend any meeting of theirs, they may appoint one of their number to act as clerk for the purposes of that meeting (but without prejudice to his position as a temporary governor).

Regulations may make provision in relation to temporary governing bodies similar to that which may be made in relation to governing bodies by regulations under paragraph 15(1) of Schedule 8.

Subject to sub-paragraph (2), the first meeting of a temporary governing body shall be called by their clerk.

Where the clerk fails to call the first meeting within such period as the local education authority consider reasonable, the authority shall call it.

Information as to meetings and proceedings

The minutes of the proceedings of a temporary governing body shall be open to inspection by the local education authority.

Travelling and subsistence allowances.

Section 519 (allowances for governors) shall apply in relation to the members of a temporary governing body as it applies in relation to the members of a governing body of a school falling within subsection (1)(a) of that section.

Expenses of temporary governing bodies

Where a temporary governing body are constituted for a new school, the local education authority shall be under the same duty to defray the expenses incurred in relation to the temporary governing body as they would be if the relevant proposals had been implemented and the temporary governing body were the governing body of the school.

Information for temporary governing bodies

A local education authority shall secure that the temporary governing body of a new school which will be maintained by them are, on being constituted, provided (free of charge) with such explanatory and other information as the authority consider is required to enable the temporary governing body to discharge their functions effectively.

Powers of the Secretary of State

For the purposes of the following provisions—

section 495(1) (determination of disputes),

section 496 (prevention of unreasonable exercise of functions), and

sections 497 and 498 (default powers),

a temporary governing body shall be treated as if they were the governing body of the school in question.

Time limit for constitution of governing body

The local education authority shall secure that the governing body of a new school are constituted—

as soon as is reasonably practicable after the requirement for there to be an instrument of government for the school takes effect under section 99, and

in any event not later than the last day of the term in which pupils first attend the new school or (as the case may be) first attend the school after it becomes maintained by the authority.

Status of temporary governing body pending constitution of governing body

Where the requirement for there to be an instrument of government for a new school has taken effect under section 99, the temporary governing body shall, until such time as the governing body are constituted—

continue in existence (despite the fact that the arrangement under which they were constituted has come to an end under section 96 or 97); and

be treated as if they were the governing body.

Role of temporary governing body as regards constitution of governing body

Before making an order under section 76 as to the instrument of government for a new school, the local education authority shall consult the temporary governing body and the head teacher.

Before making such an order in respect of a new school which will be a voluntary school, the authority shall—

secure the agreement of the temporary governing body to the terms of the proposed order; and

secure the agreement of the temporary foundation governors to any provisions which are of particular concern to those governors.

Where a local education authority propose to make an order under section 76 as to the instrument of government for a new school but cannot secure any agreement required by this paragraph, they or (as the case may be) the temporary governing body or temporary foundation governors may refer the matter to the Secretary of State.

On a reference under sub-paragraph (3), the Secretary of State shall give such direction as he thinks fit.

A temporary governing body shall recommend (with reasons) persons who belong to the community served by the new school and who are, in their opinion, suitable for appointment as co-opted members of the governing body who will succeed them.

Before making any recommendations under this paragraph, a temporary governing body shall consult representatives of the local business community.

Initial constitution of governing body

When the requirement for there to be an instrument of government for a new school takes effect under section 99, sub-paragraph (2) shall apply for the purposes of the application of section 79, 80, 84 or 85 in relation to the constitution of the school’s governing body.

Where this sub-paragraph applies, the school shall be treated as having as registered pupils the maximum number of pupils referred to in the relevant proposals.

Subject to sub-paragraph (4), sub-paragraph (2) shall, as from the time when the governing body is first constituted, continue to apply for the purposes of determining what provision would be required to be made by a new instrument of government for the school.

Sub-paragraph (2) shall cease so to apply in relation to the school at such time as—

the number of registered pupils at the school reaches the maximum referred to in that sub-paragraph; or

the local education authority give any direction by virtue of sub-paragraph (5).

The instrument of government for a school in relation to which sub-paragraph (2) applies when the instrument is made shall provide for the local education authority to have power to direct that sub-paragraph (2) shall cease to apply in relation to the school.

Information about temporary governing body for successors

Immediately before the arrangement under which a temporary governing body are constituted comes to an end under section 96 or 97, they shall prepare, for the purpose of assisting the governing body who will succeed them, a brief report of the action which they have taken in the discharge of their functions.

All minutes and papers of a temporary governing body, including the report prepared under sub-paragraph (1), shall be made available to their successors.

Sections 122 and 124.

Contents of statements under section 122(2) and section 124(1)

Statements under section 122(2)

This Part of this Schedule applies to any statement prepared by a local authority under section 122(2).

In this Part of this Schedule “the scheme” means the scheme referred to in section 122(1).

The statement shall contain the following particulars in respect of the financial year to which it relates—

the amount of the authority’s general schools budget for the year (as initially determined for the purposes of the scheme),

the amount of the authority’s aggregated budget for the year under the scheme (as so determined),

such particulars as may be prescribed of amounts deducted in respect of excepted heads or items of expenditure (as defined in section 105(3)) in arriving at the amount specified in the statement by virtue of sub-paragraph (b),

such particulars as may be prescribed of amounts deducted by virtue of section 105(1)(b) in arriving at the amount so specified, and

such particulars of the allocation formula under the scheme as may be prescribed.

The statement shall also contain, with respect to each school required to be covered by the scheme in the year in question, particulars in relation to that year of the planned expenditure per pupil arising from the division of the school’s budget share (as initially determined for the purposes of the scheme) by the initial pupil number.

In sub-paragraph (1) “the initial pupil number” means the number of registered pupils at the school in question which is required under the scheme to be used in applying the allocation formula under the scheme for initial determination of the school’s budget share for the year.

The statement shall contain such further information in respect of the financial provision the authority plan to make in the year in question for county and voluntary schools maintained by them as may be prescribed.

Statements under section 124(1)

A statement prepared by a local authority under section 124(1) shall give the following particulars in respect of the financial year to which it relates—

the initial amount appropriated for meeting expenditure in the year in respect of all the schools required to be covered by the statement,

the amount remaining after deducting from that initial amount the aggregate of the amounts referred to in sub-paragraph (2), and

such particulars as may be prescribed of the amounts referred to in sub-paragraph (2).

Those amounts are the initial amounts appropriated for meeting the following descriptions of expenditure in the year in respect of all the schools required to be covered by the statement—

expenditure treated by the authority as expenditure of a capital nature,

expenditure in respect of the repayment of the principal of, the payment of interest on and the discharge of any other financial obligation in connection with any loan used to meet expenditure falling within paragraph (a), and

expenditure of such other descriptions as may be prescribed.

The statement shall also give, in relation to each school required to be covered by it, the following particulars in respect of the year—

the share of the general expenditure amount which is appropriated by the authority for meeting expenditure for the purposes of the school,

the share which is so appropriated of such of the amounts referred to in paragraph 5(2)(c) as may be prescribed,

the amount of any expenditure initially planned for the purposes of the school and treated by the authority as expenditure of a capital nature, and

such particulars as may be prescribed of the basis on which the authority determine the shares specified in the statement by virtue of paragraphs (a) and (b).

In sub-paragraph (1) “the general expenditure amount” means the amount of which particulars are required to be given by paragraph 5(1)(b).

The statement shall contain such further information in respect of the financial provision initially planned by the authority for the schools required to be covered by the statement as may be prescribed.

Where only one school is required to be covered by the statement, the references in paragraph 5 to all the schools are references to that school and paragraph 6 does not apply.

Section 126.

Financial delegation and new schools

Preliminary

In this Schedule “temporary governing body” does not include a temporary governing body who by virtue of paragraph 2 of Schedule 10 fall to be treated as a governing body.

New county and voluntary schools

For the purposes of applying (in accordance with this Schedule) sections 101 to 122 and Part I of Schedule 11 in relation to new schools which will be county or voluntary schools—

references to a school conducted by a governing body shall be read as including a new school which has a temporary governing body, and

other references to the governing body of a school shall be read as including the temporary governing body of a new school.

For those purposes—

references to a county or voluntary school maintained by a local authority , and

references, in a context referring to a local authority, to county and voluntary schools,

shall be read as including a new school which on implementation of the relevant proposals will be a county or voluntary school maintained by the authority.

A new school which will be a county or voluntary school is required to be covered by a scheme in any financial year if it has a temporary governing body during the whole or any part of that year.

In the case of such a school, sections 101 to 122 and Part I of Schedule 11 apply subject to the modifications set out in paragraphs 4 to 7.

Where a school required to be covered by a scheme in a financial year is a new school during the whole or any part of that year, the provision required by section 106(4)(a) shall not apply in relation to the determination of the school’s budget share for the year, so far as that share falls in accordance with the scheme to be treated as referable to planned expenditure by the local authority for the purposes of the school in respect of any period before the implementation of the relevant proposals.

Accordingly—

paragraph 3(1) of Schedule 11 shall apply in relation to the school as if it referred to such part (if any) of the school’s budget share for the year as falls to be determined in accordance with the provision required by section 106(4)(a); and

the statement under section 122(2) shall include in relation to the school the additional particulars mentioned in sub-paragraph (3).

Those particulars are the amount of such part (if any) of the school’s budget share for the year (as initially determined for the purposes of the scheme) as falls in accordance with the scheme to be treated as referable to planned expenditure such as is mentioned in sub-paragraph (1).

Sub-paragraph (1) shall not be taken as prejudicing the inclusion in the allocation formula under a scheme, by virtue of section 106(4)(b), of provision taking into account in relation to a new school any forecast made in accordance with the scheme of the number of pupils it will have on implementation of the relevant proposals.

The delegation requirement under a scheme shall not apply in relation to a new school (where it is not a school to which section 110 applies) until such date as may be determined by or under the scheme.

Section 110 shall have effect, in relation to a new school to which it applies, with the omission of subsection (3)(a).

Section 122(7) shall not apply in relation to the temporary governing body of a new school.

New special schools

Any reference—

in section 120, to maintained special schools or to a maintained special school, or

in section 124, to special schools or to a special school,

shall be read as including a new school proposed to be established by a local authority which will be a maintained special school and which has a temporary governing body.

Any reference in section 120 or 124 to a school’s governing body shall be read, in relation to such a new school, as a reference to its temporary governing body.

The reference in section 124(1) to a local authority maintaining a special school or special schools shall be read, in relation to such a new school, as a reference to the authority being under a duty by virtue of paragraph 20 of Schedule 9 to defray expenses in relation to its temporary governing body.

Section 124(8) shall not apply in relation to the temporary governing body of a new school.

Financial delegation apart from schemes

Section 125 shall not apply in relation to a new school.

Section 133.

Staffing of county, controlled, special agreement and maintained special schools

The selection panel

The articles of government for a county, controlled, special agreement or maintained special school shall provide—

for the constitution of a selection panel whenever such a panel is required by virtue of this Schedule in relation to the appointment of a head teacher or deputy head teacher, and

for a selection panel to consist of a specified number of persons appointed to it by the local authority and a specified number of governors appointed to it by the governing body.

Neither of the numbers specified by virtue of sub-paragraph (1)(b) shall be less than three; and the number specified in relation to appointments made by the governing body shall not be less than the number specified in relation to appointments made by the authority.

The articles shall provide for the governing body and the authority to have power to replace, at any time, any member of a selection panel whom they have appointed.

Regulations may make provision as to the meetings and proceedings of selection panels.

Appointment of head teacher

The articles of government for a county, controlled, special agreement or maintained special school shall, in relation to the appointment of a head teacher for the school, make provision for the matters set out in sub-paragraphs (2) to (11).

If the post of head teacher is vacant, the local authority shall appoint an acting head teacher after consulting the governing body.

Before appointing a head teacher, the local authority shall advertise the vacancy in such publications circulating throughout England and Wales as they consider appropriate.

The local authority shall not appoint a person to be head teacher unless his appointment has been recommended by a selection panel constituted in accordance with the articles.

The selection panel shall interview such applicants for the post as they think fit.

If the panel fail to agree on the applicants whom they wish to interview—

the members of the panel appointed by the governing body are to have the right to nominate not more than two applicants to be interviewed by the panel, and

the other members of the panel are to have the right to nominate not more than two other applicants to be interviewed.

Where the panel consider it appropriate to do so, they shall recommend to the authority for appointment as head teacher one of the applicants interviewed by them.

If the panel are unable to agree on a person to recommend to the authority, they shall—

repeat (with a view to reaching agreement) such of the steps mentioned in sub-paragraphs (5) to (7) as they think fit,

where—

they have repeated any of those steps in pursuance of paragraph (a) and remain unable to agree, or

they have decided that it is not appropriate to repeat any of those steps,

require the authority to re-advertise the vacancy, and

where the vacancy is re-advertised, repeat all of the steps mentioned in sub-paragraphs (5) to (7).

If the authority decline to appoint a person recommended by the panel, the panel shall—

where there are applicants for the post whom they have not interviewed, interview such of those applicants (if any) as they think fit,

recommend another of the applicants interviewed by them, if they think fit,

ask the authority to re-advertise the vacancy, if they consider that it should be re-advertised, and

where the vacancy is re-advertised, repeat the steps mentioned in sub-paragraphs (5) to (7).

The authority shall re-advertise the vacancy where they are required to do so by the panel, and may do so where—

it has been duly advertised,

the panel have failed either to make a recommendation which is acceptable to the authority or to request that the vacancy be re-advertised, and

the authority are of the opinion that the panel have had sufficient time in which to carry out their functions.

The chief education officer of the authority, or a member of his department nominated by him, shall have the right to attend all proceedings of the panel (including interviews) for the purpose of giving advice to members of the panel.

In this paragraph “head teacher” does not include an acting head teacher.

Appointment of deputy head teacher

The articles of government for a county, controlled, special agreement or maintained special school shall, in relation to the appointment of a deputy head teacher for the school, make either—

the same provision, modified as mentioned in sub-paragraphs (2) and (3), as that made (in accordance with paragraph 3) in relation to the appointment of a head teacher for the school, or

the same provision as that made (in accordance with paragraph 5) in relation to the appointment of other teachers at the school.

If the articles (in accordance with sub-paragraph (1)(a)) provide for the appointment of a deputy head teacher to be on the recommendation of a selection panel, they shall provide that where the head teacher is not a member of the panel—

he may be present, for the purpose of giving advice, at any proceedings of the panel (including interviews), and

whether or not he attends any such proceedings, he shall be consulted by the panel before they make any recommendation to the local authority.

No provision similar to that set out in paragraph 3(2) is required in the articles in relation to the appointment of a deputy head teacher.

Appointment of other staff: general

The articles of government for a county, controlled, special agreement or maintained special school shall make provision for the matters set out in sub-paragraphs (2) and (3).

Where there is a vacancy in a post (other than that of head teacher or deputy head teacher) which is part of the complement of the school, the local authority shall decide whether, if the post is not a new one, it should be retained.

If the authority decide that the post should be retained or it is a new post, they shall—

advertise the vacancy and fill it in accordance with the procedure laid down by virtue of paragraph 6, unless they have the intention mentioned in paragraph (b) below;

fill the vacancy in accordance with the procedure laid down by virtue of paragraph 7, if they intend to appoint a person who, at the time when they form that intention, is an employee of theirs or has been appointed to take up employment with them at a future date.

Nothing in this paragraph (or in any of paragraphs 6 to 9) applies in relation to any temporary appointment pending—

the return to work of the holder of the post in question, or

the taking of any steps required by the articles in relation to the vacancy in question.

Appointment of other staff: vacancy advertised

The articles of government for any school to which paragraph 5(1) applies shall make provision for the matters set out in sub-paragraphs (2) to (7).

Where the local authority decide to advertise the vacancy, they shall do so in a manner likely in their opinion to bring it to the notice of persons (including employees of theirs) who are qualified to fill the post.

Where the vacancy is advertised, the governing body shall—

interview such applicants for the post as they think fit, and

where they consider it appropriate to do so, recommend to the authority for appointment to the post one of the applicants interviewed by them.

If the governing body are unable to agree on a person to recommend to the authority, they shall—

repeat the steps mentioned in sub-paragraph (3), if they consider that to do so might lead to their reaching agreement,

where they have repeated those steps and remain unable to agree, or decide that it is not appropriate to repeat them, ask the authority to re-advertise the vacancy, and

where the vacancy is re-advertised, repeat those steps.

If the authority decline to appoint a person recommended by the governing body, the governing body shall—

where there are applicants for the post whom they have not interviewed, interview such of those applicants (if any) as they think fit,

recommend another of the applicants interviewed by them, if they think fit,

ask the authority to re-advertise the vacancy, if they consider that it should be re-advertised, and

where the vacancy is re-advertised, repeat the steps mentioned in sub-paragraph (3).

Where the authority are asked to re-advertise the vacancy by the governing body, they shall do so unless—

they decide that the post is to be removed from the complement of the school, or

they decide to appoint a person who, at the time when that decision is made, is an employee of theirs or has been appointed to take up employment with them at a future date.

Whenever governors meet to discuss the appointment or an applicant is interviewed—

the head teacher (if he would not otherwise be entitled to be present), and

such person (if any) as the authority appoint to represent them,

shall be entitled to be present for the purpose of giving advice.

Appointment of other staff: vacancy not advertised

The articles of government for any school to which paragraph 5(1) applies shall make provision for the matters set out in sub-paragraphs (2) and (3).

Where the vacancy is not advertised, the governing body—

shall be entitled to determine a specification for the post in consultation with the head teacher, and

if they do so, shall send a copy of it to the local authority.

When considering whom to appoint to the post, the authority shall—

have regard to any such specification, and

consult the governing body and the head teacher.

Delegation of functions under paragraph 6 or 7

The articles of government for any school to which paragraph 5(1) applies shall make provision for the matters set out in sub-paragraphs (2) and (3).

The governing body shall have power, in relation to the filling of a particular vacancy or a vacancy of a kind specified by them, to delegate any of the functions which are theirs by virtue of paragraph 6 or 7—

to one or more governors,

to the head teacher, or

to one or more governors and the head teacher acting together.

In such a case, the provision made by virtue of paragraph 6(6) shall apply with the substitution of references to the person or persons to whom the functions are delegated for references to the governing body.

Restriction on making appointment where vacancy advertised

Where a local authority have advertised a vacancy in accordance with the provision made by the articles of government for a school by virtue of paragraph 6(2), they shall not appoint a person to the post unless—

his appointment has been recommended in accordance with the provision made by the articles by virtue of paragraph 6(3) to (5), or

they decide to appoint a person who, at the time when that decision is made, is an employee of theirs or has been appointed to take up employment with them at a future date.

Consultation by local authority before appointing certain non-teaching staff

The articles of government for a county, controlled, special agreement or maintained special school shall require the local authority to consult the governing body and the head teacher before appointing any person to work solely at the school otherwise than—

in a teaching post,

in a non-teaching post which is part of the complement of the school, or

solely in connection with either or both of the following—

the provision of meals;

the supervision of pupils at midday.

Dismissal etc. of staff

The articles of government for a county, controlled, special agreement or maintained special school shall make provision for the matters set out in sub-paragraphs (2) to (7).

The local authority shall consult the governing body and (except where he is the person concerned) the head teacher before—

dismissing a person to whom sub-paragraph (3) applies, or

otherwise requiring such a person to cease to work at the school, or

permitting such a person to retire in circumstances in which he would be entitled to compensation for premature retirement.

This sub-paragraph applies to any person who is—

employed in a post which is part of the complement of the school, or

employed to work solely at the school in any other post, otherwise than solely in connection with either or both of the following—

the provision of meals;

the supervision of pupils at midday.

Where a teacher at the school is required to complete an initial period of probation, the local authority shall consult the governing body and the head teacher before—

extending his period of probation, or

deciding whether he has completed it successfully.

Where the governing body recommend to the local authority that a person should cease to work at the school, the authority shall consider their recommendation.

Both the governing body and the head teacher shall have power to suspend a person employed to work at the school where, in the opinion of the governing body or (as the case may be) the head teacher, his exclusion from the school is required.

The governing body or head teacher shall—

when exercising that power, immediately inform the local authority and the head teacher or (as the case may be) governing body, and

end the suspension if directed to do so by the authority.

In this paragraph “suspend” means suspend without loss of emoluments; and in sub-paragraph (2) the reference to dismissing a person does not include a dismissal under section 143(6) or 144(3) (dismissal of teachers of religious education).

Introductory

In this Schedule “the school” means a county, controlled or special agreement school at any time when it has a delegated budget.

References in this Schedule to a vacancy in any post include a prospective vacancy in the post.

References in this Schedule to staff qualification requirements are to any requirements with respect to—

qualifications,

health and physical capacity, or

fitness on educational grounds or in any other respect,

of teachers and other persons employed in work that brings them regularly into contact with persons who have not attained the age of 19 which for the time being apply under regulations under section 218 of the Education Reform Act 1988.

References in this Schedule to the chief education officer of a local education authority include any officer of the authority nominated by the chief education officer.

Appointment of head teacher and deputy head teacher

Paragraphs 3 to 7 apply in relation to an appointment to fill a vacancy in the post of head teacher or deputy head teacher of the school.

The governing body shall notify the local education authority of the vacancy in writing before taking any of the steps mentioned below.

Where the vacancy is in the post of head teacher and either the post has not been filled, or it appears to the governing body that the post will not be filled, by an appointment made in accordance with paragraphs 5 to 7 before the date on which it falls vacant—

the governing body shall recommend a person for appointment as acting head teacher, and

the local education authority shall appoint the person recommended unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

Where the vacancy is in the post of deputy head teacher and either the post has not been filled, or it appears to the governing body that the post will not be filled, by an appointment made in accordance with paragraphs 5 to 7 before the date on which it falls vacant—

the governing body may recommend a person for appointment as acting deputy head teacher, and

if they do recommend a person, the local education authority shall appoint him unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

If the authority decline to appoint a person recommended by the governing body for appointment as acting head teacher, the governing body shall recommend another person for appointment.

Before recommending a person for appointment as head teacher or deputy head teacher, the governing body shall advertise the vacancy in such publications circulating throughout England and Wales as they consider appropriate.

The governing body shall appoint a selection panel consisting of at least three of their members to perform the functions conferred on them by this paragraph.

The selection panel shall—

interview such applicants for the post as they think fit,

where they consider it appropriate to do so, recommend to the governing body for appointment one of the applicants interviewed by them, and

if their recommendation is approved by the governing body, recommend the applicant in question to the local education authority for appointment.

If the panel are unable to agree on a person to recommend to the governing body, or the governing body do not approve their recommendation, the governing body—

may, if they think fit, re-advertise the vacancy in the manner required by paragraph 5, and

whether or not they re-advertise the vacancy, may require the panel to repeat the steps mentioned in sub-paragraph (2).

The local education authority shall appoint the person recommended by the selection panel unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

If the authority decline to appoint the person recommended by the panel, the governing body—

may, if they think fit, re-advertise the vacancy in the manner required by paragraph 5, and

whether or not they re-advertise the vacancy, may require the panel to repeat the steps mentioned in paragraph 6(2).

Appointment of other teachers

Subject to paragraph 9, paragraphs 10 to 14 apply in relation to an appointment to fill a vacancy in any teaching post (whether full-time or part-time) at the school, other than the post of head teacher or deputy head teacher.

Paragraphs 10 to 14 do not apply in relation to a temporary appointment to fill such a vacancy—

for a period not exceeding four months, or

where it appears to the governing body that the period for which the person appointed will hold the post in question will not exceed four months.

Where it appears to the governing body in the case of any post that it would be appropriate to make an appointment such as is mentioned in sub-paragraph (1)—

they may recommend a person for appointment to the post on such terms as to the duration of the appointment as they may specify, and

the local education authority shall appoint the person recommended on the terms specified unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

Before taking any of the steps mentioned below, the governing body shall—

determine a specification for the post in consultation with the head teacher, and

send a copy of the specification to the local education authority.

The local education authority may nominate for consideration for appointment to the post any person who appears to them to be qualified to fill it and who at the time of his nomination either—

is an employee of theirs or has been appointed to take up employment with them at a future date, or

is employed by the governing body of an aided school maintained by them.

The authority shall not nominate a person within sub-paragraph (1)(b) without the consent of the governing body of the aided school.

The governing body may advertise the vacancy at any time after they have sent a copy of the specification for the post to the local education authority in accordance with paragraph 10, and shall do so unless either—

they accept for appointment to the post a person nominated by the local education authority under paragraph 11, or

they decide to recommend to the authority for appointment to the post a person who is already employed to work at the school.

Where the governing body advertise the vacancy, they shall do so in a manner likely in their opinion to bring it to the notice of persons (including employees of the authority) who are qualified to fill it.

Where the governing body advertise the vacancy, they shall—

interview such applicants for the post and such of the persons (if any) nominated by the local education authority under paragraph 11 as they think fit, and

where they consider it appropriate to do so, either recommend to the authority for appointment one of the applicants interviewed by them or notify the authority that they accept for appointment any person nominated by the authority under paragraph 11.

If the governing body are unable to agree on a person to recommend or accept for appointment, they may repeat the steps mentioned in sub-paragraph (1)(a) and (b), with or without first re-advertising the vacancy in accordance with paragraph 12(2).

The local education authority shall appoint the person recommended or accepted for appointment by the governing body unless (in the case of a person other than one nominated by the authority) he does not meet any staff qualification requirements which are applicable in relation to his appointment.

If the authority decline to appoint a person recommended by the governing body, the governing body shall repeat such of the steps mentioned in paragraph 13(1)(a) and (b) as they think fit, with or without first re-advertising the vacancy in accordance with paragraph 12(2).

The governing body may, in relation to the filling of a particular vacancy or a vacancy of a kind specified by them, delegate any of their functions under paragraphs 9 to 14—

to one or more governors,

to the head teacher, or

to one or more governors and the head teacher acting together.

Advice of chief education officer on appointments of teachers

The chief education officer of the local education authority shall be entitled to attend, for the purpose of giving advice—

all proceedings (including interviews) of the governing body, and of any selection panel appointed under paragraph 6, relating to appointments to which paragraphs 3 to 7 apply, and

all proceedings (including interviews) of the governing body, and of any persons to whom any functions of the governing body under paragraphs 9 to 14 are delegated, relating to appointments to which paragraph 9 applies or to which paragraphs 10 to 14 apply.

The chief education officer shall offer such advice as he considers appropriate with respect to—

the appointment of a head teacher, a deputy head teacher, an acting head teacher or an acting deputy head teacher, or

any matter arising in connection with such an appointment.

If requested to do so by the governing body, the chief education officer shall give such advice as he considers appropriate in relation to any appointment to which paragraph 9 applies or to which paragraphs 10 to 14 apply.

Any advice given by the chief education officer to—

the governing body,

any selection panel appointed under paragraph 6, or

any persons to whom any functions of the governing body under paragraphs 9 to 14 are delegated,

with respect to any matter which relates to an appointment and falls to be determined by them shall be considered by them before determining that matter, whether or not the advice was given at their request.

Advice of head teacher on appointments of teachers

Except in relation to the appointment of a head teacher—

paragraph 16(1) applies in relation to the head teacher (if not otherwise entitled to be present at the proceedings there mentioned) as it applies in relation to the chief education officer, and

paragraph 16(4) applies in relation to advice given by the head teacher as it applies in relation to advice given by the chief education officer.

Appointment of non-teaching staff

Where the governing body wish to appoint a person to work in a non-teaching post at the school, they may recommend a person to the local education authority for appointment to the post.

A recommendation under this paragraph shall be in writing and shall specify—

the duties to be performed by the person appointed (including, where the post is part-time, his hours of work);

the grade (on the scale of grades currently applicable in relation to employment with the authority) which the governing body consider appropriate for the post; and

where the authority have a discretion with respect to the remuneration to be paid to a person appointed to the post, the determination of any matter to which that discretion applies and which the governing body consider appropriate in the case of the person recommended for appointment.

Before selecting a person to recommend under this paragraph and determining in relation to such a recommendation any matters mentioned in sub-paragraph (2), the governing body shall consult—

the head teacher (where he would not otherwise be involved in the decision), and

if the post involves (or in the case of a new post, it is proposed that it should involve) work at the school for 16 hours a week or more, the chief education officer of the authority.

For the purposes of sub-paragraph (2)(c), the authority are to be regarded as having a discretion with respect to the remuneration to be paid to a person appointed to a post if any provisions regulating the rates of remuneration or allowances payable to persons in the authority’s employment either—

do not apply in relation to that appointment, or

leave to the authority any degree of discretion as to rate of remuneration or allowances in the case of that appointment.

The local education authority shall appoint a person recommended to them under paragraph 18 unless he does not meet any staff qualification requirements which are applicable in relation to his appointment.

Any such appointment shall be on such terms as to give effect, so far as they relate to any matter mentioned in paragraph 18(2), to the governing body’s recommendation in respect of that matter.

The clerk to the governing body

Where there is a vacancy in the office of clerk to the governing body of the school, the local education authority shall appoint a person selected by the governing body.

Before selecting a person to recommend for such appointment, the governing body shall consult the chief education officer of the authority.

Discipline

The regulation of conduct and discipline in relation to the staff of the school, and any procedures for giving members of the staff opportunities for seeking redress of any grievances relating to their employment, shall be under the control of the governing body.

The governing body shall establish—

disciplinary rules and procedures, and

procedures such as are mentioned in sub-paragraph (1),

and shall take such steps as appear to them to be appropriate for making them known to the staff at the school.

Where the implementation of any determination made by the governing body in the exercise of their control over the conduct and discipline of the staff requires any action which—

is not within the functions exercisable by the governing body by virtue of this Act, but

is within the power of the local education authority,

the authority shall take that action at the request of the governing body.

Suspension

Both the governing body and the head teacher shall have power to suspend any person employed to work at the school where, in the opinion of the governing body or (as the case may be) the head teacher, his exclusion from the school is required.

The governing body or head teacher shall, when exercising that power, immediately inform the local education authority and the head teacher or (as the case may be) governing body.

A suspension under this paragraph may only be ended by the governing body.

The governing body shall, on ending such a suspension, immediately inform the authority and the head teacher.

In this paragraph “suspend” means suspend without loss of emoluments.

Dismissal, etc.

Where the governing body determine—

that any person employed to work at the school should cease to work there, or

that the clerk to the governing body should be dismissed,

they shall notify the local education authority in writing of their determination and the reasons for it.

If in a case within sub-paragraph (1)(a) the person concerned is employed to work solely at the school (and he does not resign), the authority shall, before the end of the period of 14 days beginning with the date on which the notification under sub-paragraph (1) is given, either—

give him such notice terminating his contract of employment with the authority as is required under that contract, or

terminate that contract without notice if the circumstances are such that they are entitled to do so by reason of his conduct.

If in a case within sub-paragraph (1)(a) the person concerned is not employed to work solely at the school, the authority shall require him to cease to work at the school.

In a case within sub-paragraph (1)(b), the authority shall dismiss the clerk to the governing body on receipt of the notification from the governing body.

Where paragraph 23(3) applies, no part of the costs incurred by the local education authority in respect of the emoluments of the person concerned, so far as they relate to any period falling after the expiration of his contractual notice period, shall be met from the school’s budget share.

The reference in sub-paragraph (1) to the person’s contractual notice period is to the period of notice that would have been required under his contract of employment with the authority for termination of that contract if such notice had been given on the date on which the notification under paragraph 23(1) was given.

The governing body shall—

make arrangements for giving any person in respect of whom they propose to make a determination under paragraph 23(1) an opportunity of making representations as to the action they propose to take (including, if he so wishes, oral representations to such person or persons as the governing body may appoint for the purpose), and

have regard to any representations made by him.

The governing body shall also make arrangements for giving any person in respect of whom they have made a determination under paragraph 23(1) an opportunity of appealing against it before they notify the local education authority of the determination.

The head teacher (except where he is the person concerned) and the chief education officer of the local education authority shall be entitled to attend, for the purpose of giving advice, all proceedings of the governing body relating to a determination under paragraph 23(1).

The governing body shall consider any advice given by a person who is entitled to attend such proceedings under this paragraph before making a determination under paragraph 23(1).

The local education authority shall not dismiss a person employed by them to work solely at the school except as provided by paragraph 23.

Sub-paragraph (1) does not apply in a case where the dismissal of the person in question is required under regulations under section 218(6) of the Education Reform Act 1988 (regulations prohibiting or restricting employment or further employment of teachers etc. in cases of misconduct or on medical or educational grounds).

School meals staff

Nothing in paragraphs 18, 19 and 21 to 27 applies in relation to the appointment of a person to work at the school, or in relation to a person so employed, where—

the person concerned is to be, or is, employed to work solely in connection with the provision of meals, and

less than 50 per cent. of the person’s remuneration will be, or is, met from the school’s delegated budget.

County, controlled and maintained special schools

Preliminary

The articles of government for a county, controlled or maintained special school shall make provision for the matters set out in paragraphs 2 to 7.

Reinstatement of permanently excluded pupils

Where the local education authority have been informed of the permanent exclusion of a pupil from the school, they shall—

after giving the governing body an opportunity to express their views, and

after considering any views expressed within the prescribed period by the governing body,

consider whether the pupil should be reinstated immediately, reinstated by a particular date or not reinstated.

If the authority decide that the pupil should be reinstated, they shall—

give the appropriate direction to the head teacher, and

inform the relevant person and the governing body of the direction.

If the authority decide that the pupil should not be reinstated, they shall inform the relevant person of their decision.

The head teacher shall comply with any direction for the reinstatement of a pupil who has been permanently excluded from the school—

which is given by the local education authority by virtue of paragraph 2, or

which is given by the governing body.

If conflicting directions are given by the authority and the governing body, the head teacher shall comply with the direction which will lead to the earlier reinstatement of the pupil.

Where the governing body direct the head teacher to reinstate a pupil who has been permanently excluded from the school, they shall inform the relevant person and the local education authority of the direction.

Reinstatement of pupils excluded for a fixed period

Where a pupil is excluded from the school for a fixed period in circumstances in which he would, as a result of the exclusion—

be excluded from the school for a total of more than five school days in any one term, or

lose an opportunity to take a public examination,

the head teacher shall comply with any direction given by the local education authority or the governing body for the pupil’s reinstatement.

If conflicting directions are given by the authority and the governing body, the head teacher shall comply with the direction which will lead to the earlier reinstatement of the pupil.

Where the local education authority—

have been informed of the exclusion of a pupil from the school for a fixed period, and

propose to give any such direction as is mentioned in paragraph 5(1),

they shall consult the governing body before giving such a direction.

Where they give such a direction, the authority shall inform the relevant person and the governing body of the direction.

Where the governing body give any such direction as is mentioned in paragraph 5(1), they shall inform the relevant person and the local education authority of the direction.

Aided and special agreement schools

Preliminary

The articles of government for an aided or a special agreement school shall make provision for the matters set out in paragraphs 9 to 13.

Reinstatement of permanently excluded pupils

Where the governing body have been informed of the permanent exclusion of a pupil from the school, they shall consider whether he should be reinstated immediately, reinstated by a particular date or not reinstated.

If the governing body decide that the pupil should be reinstated, they shall—

give the appropriate direction to the head teacher, and

inform the relevant person and the local education authority of the direction.

If the governing body decide that the pupil should not be reinstated, they shall (without delay) inform the relevant person and the local education authority of their decision.

The head teacher shall comply with any direction for the reinstatement of the pupil given by the governing body by virtue of paragraph 9.

Reinstatement of pupils excluded for a fixed period

Where a pupil is excluded from the school for a fixed period in circumstances in which he would, as a result of the exclusion—

be excluded from the school for a total of more than five school days in any one term, or

lose an opportunity to take a public examination,

the head teacher shall comply with any direction given by the governing body or the local education authority for the pupil’s reinstatement.

If conflicting directions are given by the authority and the governing body, the head teacher shall comply with the direction which will lead to the earlier reinstatement of the pupil.

Before giving any such direction as is mentioned in paragraph 11(1) the local education authority shall—

give the governing body an opportunity to express their views; and

consider any views expressed within the prescribed period by the governing body.

Where the authority give any such direction, they shall inform the relevant person and the governing body of the direction.

Where the governing body give any such direction as is mentioned in paragraph 11(1), they shall inform the relevant person and the local education authority of the direction.

General

Power to prescribe periods for the taking of any required steps

Regulations may provide that, where a local education authority or governing body of a school are required under the preceding provisions of this Schedule to take any step, the duty must, subject to prescribed exceptions, be performed within the prescribed period; but such a provision shall not relieve the authority or body of the duty to take any step which has not been taken within that period.

Meaning of “the relevant person”

In this Schedule “the relevant person” means—

in relation to a pupil under the age of 18, a parent of his;

in relation to a pupil who has attained that age, the pupil himself.

Duty to inform parent or pupil of right of appeal

The articles of government for a county, controlled or maintained special school shall require the local education authority, where by virtue of paragraph 2(3) of Schedule 15 they inform the relevant person of their decision that a pupil should not be reinstated, to give him notice in writing—

of his right to appeal against the decision;

of the last date on which an appeal may be made (calculated in accordance with paragraph 3(1) below);

of his right to give notice under paragraph 3(2) below stating that he does not intend to appeal;

that no appeal may be made after notice under that provision is given.

The articles of government for an aided or a special agreement school shall require the governing body, where by virtue of paragraph 9(3) of Schedule 15 they inform the relevant person of their decision that a pupil should not be reinstated, to give him notice in writing—

of his right to appeal against the decision;

of the last date on which an appeal may be made (calculated in accordance with paragraph 3(1) below);

of his right to give notice under paragraph 3(2) below stating that he does not intend to appeal;

that no appeal may be made after notice under that provision is given.

Suspension of direction for reinstatement pending appeal etc.

A direction for the reinstatement of a pupil given by virtue of paragraph 2 of Schedule 15 shall not have effect for a period ending with the fifth school day ending after the governing body are informed of the direction by the local education authority unless, within that period, the governing body inform the authority that they do not intend to appeal against the direction.

Where, within that period, the governing body lodge an appeal against the direction in accordance with the arrangements made by the local education authority under section 159(1)—

the authority shall, before the end of the fourth school day after the day on which the appeal is lodged, inform the relevant person of his right to make representations to the appeal committee, and

the direction shall not have effect unless it is confirmed by the appeal committee or the appeal is withdrawn.

No appeal against such a direction may be made by the governing body after the direction has taken effect.

Time limits and notices waiving right to appeal

No appeal under section 159(1)(a) or (2) against a decision not to reinstate a pupil may be made after the 15th school day after the day on which the relevant person is given notice in writing under paragraph 1(1) or (2).

Any notice in writing given by the relevant person to the body responsible for making any arrangements under section 159(1) or (2) which states that he does not intend to appeal against a decision not to reinstate the pupil shall be final.

The time limit for appealing under section 159 shall be treated as having expired on the day on which notice is given under sub-paragraph (2) (if earlier than the last day on which an appeal may be made in accordance with sub-paragraph (1)).

Appeal committees

Part I of Schedule 33 (school admission appeals) shall have effect in relation to appeals under section 159 with the necessary modifications.

Accordingly, in the application of that Part of that Schedule in relation to any such appeals—

any reference to section 423(1) shall be read as a reference to section 159(1);

any reference to section 423(2) shall be read as a reference to section 159(2); and

any reference to section 423(3) shall be read as a reference to section 159(3).

Procedure on an appeal

In the following provisions of this Schedule—

“appeal” means an appeal under section 159;

“appeal committee” means an appeal committee constituted in accordance with Part I of Schedule 33, as it applies in accordance with paragraph 4 above.

An appeal shall be by notice in writing setting out the grounds on which it is made.

The appeal committee shall meet to consider an appeal—

within the period ending with the 15th school day after the day on which the appeal is lodged, or

if the body responsible for making any arrangements under section 159 has determined a shorter period, within that period.

For the purpose of fixing the time (falling within the period mentioned in paragraph 7) at which the hearing of an appeal is to take place, the body mentioned in that paragraph shall take reasonable steps to ascertain any times falling within that period when—

the relevant person, or

any other person who wishes, and would be entitled, to appear and make oral representations in accordance with paragraph 8 or 9,

would be able to attend.

Where in accordance with sub-paragraph (1) that body have ascertained any such times in the case of any such person, they shall, when fixing the time at which the hearing is to take place, take those times into account with a view to ensuring, so far as it is reasonably practicable to do so, that that person is able to appear and make such representations at the hearing.

On an appeal by a pupil or parent the appeal committee shall give the appellant an opportunity of appearing and making oral representations, and shall allow him to be represented or to be accompanied by a friend.

On such an appeal the committee shall allow—

the head teacher to make written representations and to appear and make oral representations,

the local education authority and the governing body to make written representations,

an officer of the authority nominated by the authority, and a governor nominated by the governing body, to appear and make oral representations, and

the governing body to be represented.

On an appeal by a governing body the appeal committee shall give a governor nominated by the governing body an opportunity of appearing and making oral representations, and shall allow the governing body to be represented.

On such an appeal the committee shall allow—

the relevant person to make written representations and to appear and make oral representations,

the local education authority to make written representations, and

an officer of the authority nominated by the authority to appear and make oral representations.

The body responsible for making any arrangements under section 159 shall, in setting any time limits in connection with appeals, have regard to the desirability of securing that appeals are disposed of without delay.

If the relevant person making an appeal under section 159(1)(a) or (2) requests that body to do so, it may in exceptional circumstances extend the period in which an appeal committee is to hear the appeal and communicate its decision.

Appeals shall be heard in private except when the local education authority or governing body by whom the arrangements under section 159 are made direct otherwise.

Without prejudice to any of the provisions of this Schedule—

a member of the local education authority may attend, as an observer, any hearing of an appeal by an appeal committee; and

any member of the Council on Tribunals may attend, as an observer, any meeting of an appeal committee at which an appeal is considered.

Two or more appeals may be combined and dealt with in the same proceedings if the appeal committee consider that it is expedient to do so because the issues raised by the appeals are the same or connected.

In deciding—

whether the pupil in question should be reinstated (and, if so, the time when this should take place), or

whether any direction for the reinstatement of the pupil in question should be confirmed,

an appeal committee shall have regard to both the interests of that pupil and the interests of other pupils at his school and members of its staff.

In making any such decision an appeal committee shall also have regard to the measures publicised by the head teacher under section 154(7).

Sub-paragraphs (1) and (2) do not apply where an appeal committee decides that the pupil in question was not guilty of the conduct which the head teacher relied on as grounds for his permanent exclusion.

Sub-paragraphs (1) and (2) shall not be read as precluding an appeal committee from having regard to any other relevant matters.

In the event of a disagreement between the members of an appeal committee, the appeal under consideration shall be decided by a simple majority of the votes cast and, in the case of an equality of votes, the chairman of the committee shall have a second or casting vote.

The decision of an appeal committee and the grounds on which it is made shall be communicated by the committee in writing to the relevant person, the head teacher, the local education authority and the governing body, and shall be so communicated—

within the period ending with the 17th school day after the day on which the appeal is lodged, or

if the body responsible for making any arrangements under section 159 has determined a shorter period, within that period.

Subject to paragraphs 6 to 14, all matters relating to the procedure on appeals . . . shall be determined by the local education authority or governing body by whom the arrangements under section 159 are made.

Neither section 106 of the Local Government Act 1972 nor paragraph 44 of Schedule 12 to that Act (procedure of committees of local authorities) shall apply to an appeal committee.

Notices

Where in accordance with paragraph 1(1) or (2) notice in writing is required to be given to a person, the notice may be given either—

by delivering it to the person’s last-known address, or

by properly addressing, pre-paying and sending by first class post to the person’s last-known address a letter containing the notice.

For the purposes of calculating the period referred to in paragraph 3(1), a notice shall be taken to have been given—

where first class post is used, on the second school day after the date of posting, or

where the notice is delivered, on the date of delivery,

unless (in either case) the contrary is shown.

Meaning of “the relevant person”

In this Schedule “the relevant person” means—

in relation to a pupil under the age of 18, a parent of his;

in relation to a pupil who has attained that age, the pupil himself.

Power of Secretary of State to make amendments

The Secretary of State may by order amend the preceding provisions of this Schedule.

Section 161.

Governors’ annual reports

General

The articles of government for a county, voluntary or maintained special school shall impose the requirements set out in paragraphs 2 to 9F.

In those paragraphs “the report” means a governors’ report prepared under section 161.

The report shall be as brief as is reasonably consistent with the requirements as to its contents.

Requirements as to contents

Where there is an obligation on the governing body (by virtue of section 162) to hold an annual parents’ meeting, the report shall—

give details of the date, time and place for the next annual parents’ meeting and its agenda;

indicate that the purpose of that meeting will be to discuss both the governors’ report and the discharge by the governing body, the head teacher and the local authority of their functions in relation to the school; and

report on the consideration which has been given to any resolutions passed at the previous annual parents’ meeting.

The report shall—

give the name of each governor and indicate whether he—

is a parent, teacher or foundation governor,

was co-opted or otherwise appointed as a governor, or

is an ex officio governor;

in the case of an appointed governor, say by whom he was appointed;

in relation to each governor who is not an ex officio governor, give the date on which his term of office comes to an end; and

name, and give the address of, the chairman of the governing body and their clerk.

The report shall give such information as is available to the governing body about arrangements for the next election of parent governors.

The report shall contain a financial statement—

reproducing or summarising any financial statement of which a copy has been provided to the governing body by the local authority under section 122 or 124 since the last governors’ report was prepared under section 161;

indicating, in general terms, how any sum made available to the governing body by the authority—

in respect of the school’s budget share, or

under section 125,

in the period covered by the report was used;

giving details of the application of any gifts made to the school in that period; and

stating the total amount of any travelling and subsistence allowances paid to members of the governing body in that period.

The report shall give such information about—

public examinations and other assessments of pupils’ achievements,

pupils’ absences from the school,

the continuing education of pupils leaving the school, and

the employment or training taken up by such pupils,

as is required to be published by virtue of section 414(6) and (7).

The report shall give the information about public examinations and other assessments of pupils’ achievements—

at schools in England (where the school is in England), or

at schools in Wales (where the school is in Wales),

which has most recently been made available to the governing body by the Secretary of State.

The report shall describe what steps have been taken by the governing body to develop or strengthen the school’s links with the community (including links with the police).

The report shall draw attention to the information made available by the governing body in accordance with regulations made under section 408 so far as relating to the matters mentioned in subsection (2)(b) of that section (information as to educational provision made for pupils at the school and syllabuses followed by them).

The report shall summarise, where the school is in England, the nature, amount and purpose of training and professional development undertaken by the school’s teaching staff in the period since the last governors’ report was prepared under section 161, identifying in particular the nature, amount and purpose of any training and professional development so undertaken on any day when the staff were required to be available for work but were not required to teach pupils.

The report shall give, where the school is in Wales, such information about any targets for improvement set by the governing body in respect of the performance of pupils at the school as is required to be published by virtue of regulations made under section 414(6).

The report shall describe in general terms—

the arrangements made for the security of the pupils and staff at the school and the school premises, and

any changes to those arrangements since the last governors’ report was prepared under section 161.

The report shall indicate in relation to the period since the last governors’ report was prepared under section 161—

to what extent the aims of the governing body with respect to sport at the school have been attained; and

any notable sporting achievements of the school’s teams during that period.

The report shall give the dates of the beginning and end of each school term, and of half-term holidays, for the next school year.

The report shall summarise any changes to information contained in the school prospectus since it was last published pursuant to regulations made under section 414(6).

Power of Secretary of State to make amendments

The Secretary of State may by order amend the preceding provisions of this Schedule.

Section 162.

Annual parents’ meetings

Proceedings at an annual parents’ meeting

The articles of government for a county, voluntary or maintained special school shall provide for the proceedings at an annual parents’ meeting to be under the control of the governing body.

The articles of government for a county, voluntary or maintained special school shall provide for any annual parents’ meeting at which the required number of parents of registered pupils at the school are present to be entitled to pass (by a simple majority) resolutions on any matters which may properly be discussed at the meeting.

In sub-paragraph (1) “the required number”, in relation to a school, means any number equal to or greater than 20 per cent. of the number of registered pupils at the school.

No person who is not a parent of a registered pupil at the school may vote on any question put to an annual parents’ meeting.

Consideration of resolutions passed at an annual parents’ meeting

The articles of government for a county, voluntary or maintained special school shall require the governing body—

to consider any resolution which is duly passed at an annual parents’ meeting and which they consider is a matter for them;

to send to the head teacher a copy of any resolution which is so passed and which they consider is a matter for him; and

to send to the local authority a copy of any resolution which is so passed and which they consider is a matter for the authority.

The articles of government shall in addition—

require the head teacher to consider any resolution a copy of which has been sent to him by virtue of sub-paragraph (1)(b) and to provide the governing body with a brief comment on it (in writing) for inclusion in their next governors’ report; and

require the local authority to do likewise in relation to any resolution a copy of which has been sent to them by virtue of sub-paragraph (1)(c).

Determination of question whether person is to be treated as pupil’s parent

The articles of government for a county, controlled or maintained special school shall provide for any question whether any person is to be treated, for the purposes of any provision of the articles relating to the annual parents’ meeting, as the parent of a registered pupil at the school to be determined by the local authority.

The articles of government for an aided or a special agreement school shall provide for any such question to be determined by the governing body.

Section 166.

Conduct and staffing of new county, voluntary and maintained special schools

General

Articles of government for new schools

The requirement for there to be articles of government for a school (imposed by section 127) shall not apply in relation to a new school until the requirement for there to be an instrument of government for the school takes effect under section 99.

Before making an order under section 127 as to the articles of government for a new school, the local authority shall consult the temporary governing body and the head teacher.

Before making such an order in respect of a new school which will be a voluntary school, the authority shall—

secure the agreement of the temporary governing body to the terms of the proposed order, and

secure the agreement of the temporary foundation governors to any provisions which are of particular concern to those governors.

Where a local authority propose to make an order under section 127 in respect of a new school but cannot secure any agreement required by this paragraph, they or (as the case may be) the temporary governing body or temporary foundation governors may refer the matter to the Secretary of State.

On a reference to him under this paragraph, the Secretary of State shall give such direction as he thinks fit.

Section 129(2) (amendment of articles) shall not apply in relation to a new school; but if the articles of government for a new county or voluntary school contain any provisions to which section 129(1) would apply during any period when the school had a delegated budget (“inconsistent provisions”) they shall also include in relation to each inconsistent provision the statement required by section 129(3).

Conduct of new schools: general

The determination of those matters relating to the conduct of a new school which require to be determined before a governing body is constituted for the school under an instrument of government shall be under the direction of the temporary governing body, but subject to any provision made by or under this Act (including, in particular, this Schedule) or any other enactment.

Regulations may make in relation to consultation with temporary governing bodies provision similar to the provision that may be made in relation to consultation with governing bodies by regulations under section 131 (consultation not required in urgent cases).

Staffing of new schools: financial delegation not proposed

Staffing of new county, controlled or maintained special schools

Subject to paragraph 19(4), paragraphs 6 to 11 apply in relation to any new school for which a temporary governing body have been constituted and which will be a county, controlled or maintained special school.

The complement of teaching and non-teaching posts for the school shall be determined by the local authority.

Section 133(2) and (3) (staff complements) shall apply in relation to a complement determined under this paragraph.

Whenever a selection panel is required by virtue of paragraph 8 or 9, it shall be constituted in accordance with this paragraph.

A selection panel shall consist of—

such number of persons appointed to it by the local authority, and

such number of temporary governors appointed to it by the temporary governing body,

as the authority shall determine.

Neither of the numbers so determined shall be less than three; and the number determined in relation to appointments made by the temporary governing body shall not be less than the number determined in relation to appointments made by the authority.

The temporary governing body and the authority may replace, at any time, any member of a selection panel whom they have appointed.

Regulations may make provision, for the purposes of this paragraph, as to the meetings and proceedings of selection panels.

Subject to sub-paragraph (2) below, sub-paragraphs (3) to (11) of paragraph 3 of Schedule 13 (appointment of head teacher) shall apply in relation to the appointment of a head teacher for the school—

as if they had effect as independent enactments (rather than for the purposes of the provision to be made by articles of government); and

subject to any necessary modifications.

Where—

two or more schools are to be discontinued (“the discontinued schools”), and

the registered pupils at those schools, or a substantial number of those pupils, are expected to transfer to the new school,

the local authority may, in consultation with the temporary governing body, appoint one of the head teachers of the discontinued schools as the first head teacher for the new school, instead of following the procedure set out in sub-paragraphs (3) to (11) of paragraph 3 of Schedule 13 (as applied by sub-paragraph (1) above).

If the post of head teacher is vacant, the authority may, if they think fit, appoint an acting head teacher after consulting the temporary governing body.

Subject to sub-paragraph (2) below, sub-paragraphs (3) to (11) of paragraph 3 of Schedule 13 shall apply in relation to the appointment of a deputy head teacher for the school—

as if they had effect as independent enactments (rather than for the purposes of the provision to be made by articles of government); and

subject to any necessary modifications.

If the local authority so decide, those provisions of Schedule 13 shall not so apply and instead the general staff appointment provisions shall apply in relation to the appointment of a deputy head teacher for the school—

as if they had effect as independent enactments (rather than for the purposes of the provision to be made by articles of government); and

subject to any necessary modifications.

Where (in accordance with sub-paragraph (1)) the appointment of a deputy head teacher is on the recommendation of a selection panel and the head teacher is not a member of the panel, the head teacher—

shall be entitled to be present, for the purpose of giving advice, at any proceedings of the panel (including interviews), and

whether or not he attends any such proceedings, shall be consulted by the panel before they make any recommendation to the local authority.

In this paragraph and paragraph 10 “the general staff appointment provisions” means the following provisions of Schedule 13—

paragraph 5(3);

paragraph 6(2) to (7);

paragraph 7(2) and (3); and

paragraph 8(2) and (3).

The general staff appointment provisions shall apply in relation to the appointment of a person to a post (other than that of head teacher or deputy head teacher) which is part of the complement of the school as if they had effect as independent enactments (rather than for the purposes of the provision to be made by articles of government).

The local authority shall consult the temporary governing body and the head teacher before appointing any person to work solely at the school otherwise than—

in a teaching post,

in a non-teaching post which is part of the complement of the school, or

solely in connection with either or both of the following—

the provision of meals;

the supervision of pupils at midday.

This paragraph does not apply in relation to a temporary appointment pending—

the return to work of the holder of the post in question, or

the taking of any steps required by virtue of this Schedule in relation to the vacancy in question.

Paragraph 9(4) applies for the purposes of this paragraph.

The clerk to the temporary governing body shall be appointed by the local authority.

When the arrangement for the constitution of the temporary governing body comes to an end under section 96 or 97, the person who was the clerk to that body shall act as clerk to the governing body who succeed them, pending the appointment of a clerk under section 135.

Subject to paragraph 19(4), a local authority shall, in discharging their duty under paragraph 21 of Schedule 9 (temporary governing bodies) to provide information to the temporary governing body of a new school which will be a county, controlled or maintained special school, inform the temporary governing body, in particular—

of the number of members of any selection panel required by virtue of paragraph 8 or 9 above who are to be appointed by the authority and the number who are to be appointed by the temporary governing body;

where the authority intend to exercise the power conferred on them by paragraph 8(2) above, of their intention to do so;

of the provision which is to apply in relation to the appointment of the deputy head teacher of the school;

of the complement of staff for the school; and

of the authority’s proposals with regard to the appointment of staff for the school and the timing of appointments.

Staffing of new aided schools

Subject to paragraph 19(5), paragraphs 14 to 16 apply in relation to a new school which will be an aided school.

Subject to paragraph 15(1), the local authority and the temporary governing body shall have the same powers, and be under the same duties, for the purposes of the appointment and dismissal of staff at the school as would the authority and the governing body for an aided school whose articles of government provided for—

staff employed solely in connection with the provision of school meals to be appointed by the authority, and

other staff employed at the school to be appointed by the governing body.

The first appointment of a clerk to the temporary governing body shall be made by the promoters of the school (that is, the persons making the relevant proposals).

When the arrangement for the constitution of the temporary governing body comes to an end under section 97, the person who was the clerk to that body shall act as clerk to the governing body who succeed them, pending the appointment of their clerk.

The local authority shall, with a view to enabling staff to be appointed in good time, notify the temporary governing body of any determination, prohibition or direction they intend to make or give pursuant to subsection (2)(b), (4)(a) or (b) or (5) of section 134 (staffing of aided schools).

The authority shall, in discharging their duty under paragraph 21 of Schedule 9 to provide information to the temporary governing body of a new school which will be an aided school, inform the temporary governing body, in particular, of the authority’s proposals with regard to the appointment of staff for the school and the timing of appointments.

Expenditure on staff for new schools

Where a temporary governing body are constituted for a new school, the local authority shall be under the same duty to defray the expenses incurred in relation to the staff appointed in accordance with paragraphs 6 to 11 or (as the case may be) 14 and 15, as they would be if the relevant proposals had been implemented and the temporary governing body were the governing body of the school.

Staffing of new schools: financial delegation proposed

Adaptation of references

For the purposes of the application (in accordance with paragraphs 19 to 24) of sections 136 to 141 and Schedule 14 in relation to new schools which will be county or voluntary schools—

references to the governing body of a school shall be read as including the temporary governing body of a new school;

references to a county school shall be read as including a new school which on implementation of the relevant proposals will be a county school; and

references to a voluntary school of a particular category, or maintained by a particular local authority, shall be read as including a new school which on implementation of the relevant proposals will be a voluntary school of that category, or maintained by that authority.

Application or otherwise of provisions about staffing

Subject to paragraphs 20 to 24, section 136 or (as the case may be) section 137 (staffing of county or voluntary schools with delegated budgets) shall apply to a new school which on implementation of the relevant proposals will be a school of a category to which that section applies not only at any time when (by virtue of Schedule 12) the new school has a delegated budget but also at any time when it has a temporary governing body and sub-paragraph (2) or (3) is satisfied.

This sub-paragraph is satisfied if the delegation requirement under the scheme will apply to the school on or before the implementation of the relevant proposals.

This sub-paragraph is satisfied if the local authority propose to exercise any power under the scheme to delegate the management of the school’s budget share for a financial year by making such a delegation—

to the temporary governing body before the implementation of the relevant proposals, or

to the governing body of the school on implementation of those proposals.

Paragraphs 6 to 12 of this Schedule shall not apply in relation to a new school to which section 136 for the time being applies.

Paragraphs 14 to 16 of this Schedule shall not apply in relation to a new school to which section 137 for the time being applies.

Sections 136, 137 and 138 and Schedule 14 (staffing of schools with delegated budgets) shall apply, in the case of a new school, for the purposes only of—

the appointment of staff at the school, and

the taking of such steps with respect to any other matters referred to in those provisions as may be appropriate in preparation for the conduct of the school following implementation of the relevant proposals.

In the case of a new school which is a proposed county, controlled, aided or special school, no appointments of staff for the school shall be made by the local authority before the constitution of a temporary governing body for the school.

Section 139(2) and (5) (payments in respect of dismissal) shall not apply in relation to a new school.

Any provision included in a scheme by virtue of subsection (3) of section 140 (community schools), so far as it relates to the appointment of staff at a school to which that section applies, shall apply in relation to a new school which on implementation of the relevant proposals will be a school to which that section applies.

Section 141 (amendment of articles) shall not apply in relation to a new school.

The local authority shall, however, incorporate—

the statement mentioned in section 141(2) in the articles of government for a new school which will be a county or controlled school and to which section 136 applies, or

the statement mentioned in section 141(3) in the articles of government for a new school which will be an aided school and to which section 137 applies.

Other matters relating to conduct etc. of new schools

Preparation of curriculum

The head teacher of a new school for which a temporary governing body have been constituted shall, in preparing to discharge his functions under Part V in relation to the curriculum for the school, consult that body and the local authority.

Any authority who have been consulted under this paragraph shall inform the head teacher of the resources which are likely to be made available to the school; and the head teacher shall have regard to any information so given to him.

School terms, holidays and sessions

Pending the coming into force of the articles of government for a new school which will be a county or controlled school—

the dates when the school terms and holidays are to begin and end shall be determined by the local authority, and

the times of the school sessions shall be determined by the temporary governing body after consultation with the authority.

Pending the coming into force of the articles of government for a new school which will be an aided school—

the dates and times when the school terms and holidays are to begin and end, and

the times of the school sessions,

shall be determined by the temporary governing body.

In this paragraph “the times of the school sessions” means the times at which each of the school sessions (or, if there is only one, the school session) is to begin and end on any day.

Discipline

Pending the coming into force of the articles of government for a new school, section 154(2) to (6) (responsibility for discipline) shall apply—

in relation to the head teacher, and

subject to any necessary modifications, in relation to the temporary governing body,

as if they had effect as independent enactments (rather than for the purposes of the provision to be made by articles of government).

Reports and information

A temporary governing body shall provide the local authority with such reports in connection with the discharge of their functions as the authority may require (either on a regular basis or from time to time).

The head teacher of a new school for which a temporary governing body have been constituted shall provide that body or (as the case may be) the local authority with such reports in connection with the discharge of his functions as that body or the authority may require (either on a regular basis or from time to time).

In the case of a new school which will be an aided school—

the local authority shall notify the temporary governing body of any requirement imposed by them on the head teacher under sub-paragraph (2), and

the head teacher shall provide the temporary governing body with a copy of any report which he makes in complying with any such requirement.

Consultation on expenditure by local authority

Where a temporary governing body have been constituted for a new school, the local authority shall consult that body and the head teacher on their proposed expenditure on books, equipment and stationery for the school.

Sub-paragraph (1) does not apply in relation to a new school which has a delegated budget.

Proposals for acquisition of grant-maintained status

Publication of proposals and notice

Where proposals are required to be published under section 193, they shall be published by being—

posted at or near the main entrance to the school, or (if there is more than one main entrance) all of them,

posted in at least one conspicuous place within the area served by the school, and

made available for inspection at all reasonable times at the school or at any other place within that area to which members of the public may conveniently have access.

Within the period of 10 days beginning with the date of publication of the proposals there shall be published in at least one newspaper circulating in that area a notice in respect of the proposals containing such summary of the proposals as the governing body may think appropriate (including, in particular, the information required by sub-paragraph (3)).

The notice shall—

state that proposals for acquisition of grant-maintained status have been published and submitted to the Secretary of State for approval,

specify the proposed date of implementation of the proposals,

state that, if the proposals are approved, the school will on that date cease to be maintained by the local education authority,

state that, if the proposals are approved, the school will on and after that date be conducted by a governing body incorporated under Part III and receive annual grants from the funding authority,

give the information required to be specified in the proposals by paragraph 4(1)(a) and (2)(a),

state where the proposals may be inspected, and

explain the effect of paragraph 5.

The Secretary of State may by regulations make such provision (whether by way of modification of, or substitution for, the provisions of sub-paragraphs (1) to (3)) as he considers appropriate in relation to—

the publication of proposals for acquisition of grant-maintained status, and

the publication of such notice (if any) in respect of proposals for acquisition of grant-maintained status as may be prescribed.

For the purposes of the application of section 311(6) in relation to sub-paragraph (2) above the requirement to publish a notice under that sub-paragraph shall not be regarded as a requirement with respect to the publication of the proposals in question.

Statement to be annexed to proposals

There shall be annexed to any proposals published under section 193 a statement which shall—

state the result of the ballot, giving the number of votes cast in favour of seeking grant-maintained status for the school, the percentage of those eligible to vote who voted, and the number of votes cast against,

state whether the school is a county, controlled, aided or special agreement school,

briefly describe the existing character of the school including, in the case of a school which has a particular religious character, that character and the religion or religious denomination (if any) in accordance with whose tenets religious education is provided,

state the number of pupils for whom accommodation can be provided at the school, and

give such other information as may be prescribed.

The statement so annexed shall be treated for the purposes of section 193 and of paragraph 1 as forming part of the proposals.

Statement to accompany published proposals

Any proposals published under section 193 shall be accompanied by a statement which shall—

describe the requirements of Part III as to the membership of the governing body of a grant-maintained school,

state that the head teacher will be a governor of the school ex officio if the school becomes a grant-maintained school,

explain the circumstances in which a person named in the proposals in accordance with section 234 or 236, or regulations made by virtue of section 240, as a proposed initial governor may be replaced under section 237 or 238 or the regulations,

explain the procedure applicable under Part III in each case in which such a replacement is required,

if the determination of an initial governor of an elected category is pending on the date of publication of the proposals, explain the requirements applicable under Part III in any such case,

explain the effect of paragraph 5, and

give such other information as may be prescribed.

Details of proposals

Any proposals published under section 193 shall—

where any person is proposed as a sponsor of the school, state the name of that person and the number of initial sponsor governors to be appointed by him (in accordance with section 229),

specify the number of initial parent, teacher and first or, as the case may be, foundation governors proposed for the governing body (in accordance with sections 223 to 228),

give the name of the person who is the head teacher of the school on the date of publication of the proposals,

give the relevant particulars in respect of each person required by section 234 or 236, or regulations made by virtue of section 240, to be named in the proposals as published as a proposed initial governor,

where it is proposed that any foundation governorship be held ex officio, specify the relevant office,

if the determination of an initial governor of an elected category is pending on the date of publication of the proposals, state that fact and refer to the explanation given in the statement accompanying the proposals in accordance with paragraph 3(e),

give the name under which it is proposed that the governing body should be incorporated under section 195, and

specify the proposed date of implementation of the proposals.

The proposals shall describe the arrangements it is proposed to adopt, if the school becomes a grant-maintained school, in respect of—

the admission of pupils to the school,

the provision to be made at the school for pupils who have special educational needs, and

the induction of newly-qualified teachers at the school and the in-service training and professional development of teachers at the school.

In giving the information required by sub-paragraph (2)(a), the proposals shall in particular specify the number of pupils proposed to be admitted to the school in each relevant age group in the first school year beginning on or after the proposed date of implementation of the proposals and, if pupils are proposed to be admitted for nursery education, give the prescribed information.

Objections to proposals

Within the period of two months beginning with the date of publication of any proposals under section 193, objections to the proposals may be submitted to the Secretary of State by any of the following—

any ten or more local government electors for the area,

any persons holding property on trust for the purposes of the school,

the governing body of any school affected by the proposals, and

any local education authority concerned.

Interpretation

For the purposes of this Part of this Schedule, the determination of an initial governor of an elected category is pending on the date of publication of any proposals under section 193 if sub-paragraph (2) or (3) applies.

This sub-paragraph applies if an election or appointment required by section 234(7) has not been held or made by the date of publication.

This sub-paragraph applies if—

an election or appointment required for filling an outstanding vacancy for a governor of an elected category on the existing governing body has not been held or made by the date of publication, and

the vacancy falls to be taken into account in determining whether an election or appointment is required by section 234(7).

Proposals for establishment of new grant-maintained school

Content of proposals

Proposals published under section 211 or 212 shall—

where any person is proposed as a sponsor of the school, state the name of that person and the number of sponsor governors to be appointed by him (in accordance with section 229),

specify the number of initial first or, as the case may be, foundation governors proposed for the governing body (in accordance with sections 226 to 228),

specify the number of parent and teacher governors proposed for the governing body (in accordance with sections 223 and 224),

specify in the case of initial first, initial foundation or sponsor governors their proposed term of office (not being less than five nor more than seven years),

where it is proposed that any foundation governorship be held ex officio, specify the relevant office,

give the name under which it is proposed that the governing body should be incorporated under section 215, and

specify the proposed incorporation date and the proposed date of implementation of the proposals.

The proposals shall describe the arrangements it is proposed to adopt in respect of the admission of pupils to the school and, in particular, shall specify the number of pupils proposed to be admitted to the school in each relevant age group in the first school year beginning on or after the date of implementation of the proposals and, if pupils are proposed to be admitted for nursery education, give the prescribed information.

Statement to be annexed to proposals

There shall be annexed to any proposals published under section 211 or 212 a statement briefly describing the intended character of the proposed school including, in the case of proposals published under section 212 for a school which is intended to have a particular religious character, that character and the religion or religious denomination (if any) in accordance with whose tenets religious education is to be provided.

Statement to accompany published proposals

Any proposals published under section 211 or 212 shall be accompanied by a statement explaining the effect of paragraph 10 or (as the case may be) paragraph 11.

Objections

Within the period of two months beginning with the date of publication of any proposals under section 211, objections to the proposals may be submitted to the funding authority by any of the following—

any ten or more local government electors for the area,

the governing body of any school affected by the proposals,

the appropriate further education funding council (if the proposals are for a school which may provide education to which section 2(1) of the Further and Higher Education Act 1992 applies), and

any local education authority concerned.

Within one month after the end of the period mentioned in sub-paragraph (1), the funding authority shall send to the Secretary of State copies of any objections made under that sub-paragraph (and not withdrawn in writing) within that period, together with their observations on them.

Within the period of two months beginning with the date of publication of any proposals under section 212, objections to the proposals may be submitted to the Secretary of State by any of the following—

any ten or more local government electors for the area,

the governing body of any school affected by the proposals,

the appropriate further education funding council (if the proposals affect the provision of education to which section 2(1) of the Further and Higher Education Act 1992 applies),

the funding authority (except, in relation to Wales, before the Schools Funding Council for Wales begin to exercise their functions), and

any local education authority concerned.

Approval of school premises

Where proposals for the establishment of a new grant-maintained school are published under section 211, the funding authority shall prepare the particulars in respect of the proposed premises of the school mentioned in sub-paragraph (3).

Where proposals for the establishment of a new grant-maintained school are published under section 212, the particulars in respect of the proposed premises of the school mentioned in sub-paragraph (3) shall be submitted to the funding authority, at such time and in such form and manner as the authority may direct, by the promoters.

The particulars are—

particulars of the provision made or to be made in respect of the means of access to and within the proposed premises of the school, and

such other particulars in respect of the proposed premises of the school as may be required or, in the case of proposals published under section 212, as the funding authority may require.

The particulars prepared or submitted under sub-paragraph (3)(a) shall indicate the extent to which the provision referred to conforms with the minimum requirements, so far as they are relevant to school premises, of—

Design Note 18 “Access for Disabled People to Educational Buildings” published in 1984 on behalf of the Secretary of State, or

(if that Note has been replaced by a document prescribed by regulations made or having effect as if made under the Town and Country Planning Act 1990) that document.

Introductory

The functions conferred by or under paragraphs 2 to 5 on the new governing body or any members of the body—

may be exercised by them at any time during the period beginning with the incorporation date and ending immediately before the date of implementation of the proposals, but

may be exercised only for the purpose of or in connection with the conduct of the school on or after the date of implementation of the proposals,

and those functions shall be exercised in accordance with any requirements of regulations (or, in the case of paragraph 3 or 5, of the directions or order in question) as to the circumstances, manner and conditions of their exercise.

Powers to contract, etc.

The new governing body may—

enter into contracts including, in particular, contracts for the employment of teachers and other staff, and

acquire and dispose of land and other property.

Access to school

Any member of, or person authorised by, the new governing body shall, if the Secretary of State directs that this paragraph applies in relation to the school, be entitled to have access to and use the premises of the school.

Information

If the new governing body request the existing governing body or the local education authority in writing to provide them with such information falling within sub-paragraph (2) as may be prescribed, the existing governing body or, as the case may be, the authority shall comply with the request.

Information falls within this sub-paragraph if—

it is held by the existing governing body or, as the case may be, the local education authority, and

it relates to the school, including persons employed to work at the school and pupils at the school.

General powers of Secretary of State

The Secretary of State may by order make such provision as he considers appropriate in connection with the school’s transition to grant-maintained status and the impending transfer of responsibility for the conduct of the school.

An order under sub-paragraph (1) may in particular provide for any provision of this Act specified in the order to have effect as if references to the governing body included the new governing body.

Such an order may in particular—

exclude or modify any powers of the local education authority or of the existing governing body in relation to any matter to which any power exercisable by the new governing body in accordance with any provision made by virtue of sub-paragraph (2) applies,

require the new governing body to be consulted before the local education authority or the existing governing body exercise in relation to the school any function of a description specified in the order or take in relation to the school any action of a description so specified, and

require or enable the new governing body to participate in the exercise in relation to the school of any such function or the taking in relation to the school of any such action.

Grants to new governing body

The funding authority may make grants to the new governing body of a school in respect of expenditure incurred or to be incurred by that body in pursuance of any provision made by or under paragraphs 2 to 5 in respect of the period beginning with the incorporation date and ending immediately before the date of implementation of the proposals.

The funding authority may impose on a new governing body to whom such a grant is made such requirements as they may from time to time determine (whether before, at or after the time when the grant is made).

Such requirements may, in particular, if any conditions specified in the requirements are satisfied, require the payment to the funding authority of the whole or any part of the following amount.

That amount is—

the amount of the payments made in respect of the grant, or

so much of the value of any premises or equipment in respect of which the grant was paid as is determined in accordance with the requirements to be properly attributable to the payment of such grant,

whichever is the greater.

Liability for expenses of new governing body

The duty of a local education authority to maintain any school shall not apply in relation to any expenses incurred by the new governing body of the school.

Section 218(4).

Governing bodies of grant-maintained schools

Introductory

In this Schedule—

“school” means a grant-maintained school, and

“instrument”, in relation to a school, means the instrument of government for the school.

Election of governors

The instrument for a school may make provision—

as to the procedure for the election of members of the governing body, and

for the determination of any questions arising in connection with, or matters relating to, such elections.

Disqualification for, tenure of and removal from office

A person who is a member of the teaching or other staff at a school which is required to have first governors shall be disqualified for holding office as such a governor on the governing body.

The instrument for a school may make provision as to the circumstances in which persons are to be disqualified for holding office as members of the governing body.

Subject to paragraph 10, the instrument for a school must provide for each governor of an elected category to hold office for a term of four years.

Subject to paragraph 10, the instrument for a school must make the following provision for the term of office of—

first or, as the case may be, foundation governors, other than a foundation governor who is a governor ex officio, and

where there are sponsor governors, those governors.

Except where sub-paragraph (3), (4) or (5) applies, such a governor is to hold office for such term (not being less than five nor more than seven years) as may be specified in the instrument.

The initial instrument must provide, except where sub-paragraph (4) or (5) applies—

subject to paragraph (b), for such a governor to hold office for such term as was specified in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school as the proposed term of office for initial governors of the category in question, and

in the case of a governing body incorporated in pursuance of proposals for the establishment of a new grant-maintained school which name a person as a sponsor of the school, for any sponsor governor to hold office for such term as was specified as the proposed term of office for such governors in those proposals.

Any additional first or foundation governor appointed in pursuance of provision made in the instrument by virtue of section 230(2) is to hold office for such term (not being more than five years) as may be specified in the terms of that governor’s appointment.

Any first governor appointed in pursuance of provision made in the instrument by virtue of section 227 is to hold office for such term (not being less than five nor more than seven years) as may be specified in the terms of his appointment.

No provision made in the instrument by virtue of paragraph 5, 6 or 10 shall be taken to prevent a governor—

from being elected or appointed for a further term, or

from being disqualified, by virtue of paragraph 3 or any provision made by virtue of paragraph 4, for continuing to hold office.

The instrument for a school must provide that any member of the governing body may at any time resign his office.

The instrument for a school must provide that any foundation governor (other than one holding office ex officio) and any sponsor governor may be removed from office by the person or persons who appointed him.

For the purposes of this paragraph, an initial foundation governor shall be treated as having been appointed by the person or persons entitled to appoint foundation governors under provision included in the instrument in accordance with section 228(7)(b).

Initial appointments: terms of office

The instrument for a school must, until every initial governor has ceased to hold office, make the provision required by sub-paragraphs (2) and (3).

In the case of a governing body incorporated under Chapter II of Part III—

an initial governor of an elected category who was a governor of that category on the governing body of the school immediately before the incorporation date shall hold office for the remainder of his term of office on the former governing body, and

an initial governor of an elected category who was elected under section 234, or elected or nominated under section 237 to hold office as such, shall hold office for a term of four years.

An initial first governor, initial foundation governor (other than a foundation governor who is a governor ex officio) or initial sponsor governor shall hold office for such term (not being less than five nor more than seven years) beginning with the incorporation date as may be specified as his proposed term of office in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school.

In the case of a governing body incorporated under Chapter IV of Part III, the instrument for a school must, until every governor of an elected category appointed before the date of implementation of the proposals has ceased to hold office, provide for any such governor to hold office for the prescribed term.

Meetings and proceedings

The proceedings of the governing body of a school shall not be invalidated by—

any vacancy among their number, or

any defect in the election or appointment of any governor.

Subject to the provisions of Chapter V of Part III and any instrument of government or articles of government made under that Chapter, the governing body of a school may regulate their own procedure.

The instrument for a school may make provision as to the meetings and proceedings of the governing body.

The provision that may be made in pursuance of this paragraph includes, in particular, provision—

as to the election of a chairman and vice-chairman,

as to the establishment, constitution, meetings and proceedings of committees,

for the delegation of the governing body’s functions, in such circumstances as may be specified in the instrument, to committees established by that body or to any member of that body, and

as to the procedure (including any quorum) when business is transacted by members of the governing body of a particular category.

The provision mentioned in sub-paragraph (2)(b) may provide for a committee to include persons who are not members of the governing body.

The instrument shall make provision for an appeal committee for the purposes of paragraph 6(1) of Schedule 23 to include among its members (with full voting powers) a person nominated by the governing body from among persons who are eligible to be lay members.

A person is eligible to be a lay member for the purposes of sub-paragraph (4) if—

he is a person without personal experience in the management of any school or the provision of education in any school (disregarding any such experience as a governor or in any other voluntary capacity), and

he does not have, and has not at any time had, any connection with—

the school, or

any person who is a member of, or employed by, the governing body of the school,

of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the school.

Information as to meetings and proceedings

Documents and information required by the regulations to be made available shall be made available in such form and manner, and at such times, as may be prescribed.

Allowances for governors

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Seal etc.

The application of the seal of the governing body of a school must be authenticated by the signature—

of the chairman of the governing body, or

of some other member authorised either generally or specially by the governing body to act for that purpose,

together with the signature of any other member.

Every document purporting to be an instrument made or issued by or on behalf of the governing body of a school and—

to be duly executed under the seal of the governing body, or

to be signed or executed by a person authorised by the governing body to act in that behalf,

shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

Section 218(5).

Content of articles of government for grant-maintained schools

Introductory

In this Schedule—

“school” means a grant-maintained school, and

“articles”, in relation to a school, means the articles of government for the school.

Performance and delegation of functions

The articles must make provision as to the functions to be exercised in relation to the school by—

the Secretary of State,

the funding authority,

the governing body,

any committee or other body established by the governing body,

the head teacher, and

any other persons specified in or determined under the articles.

The articles must also include provision as to the delegation of such functions by those on whom they are imposed or conferred by or under the articles.

The articles may include provision as to the establishment by the governing body of committees or other bodies of persons for the purposes of or in connection with the performance in relation to the school of such functions as may be determined by or under the articles.

Staff

The articles must include provision as to—

disciplinary rules and procedures applicable to members of the staff of the school, and

procedures for giving them opportunities for seeking redress of any grievances relating to their employment.

The articles must also include provision as to arrangements—

for giving any member of the staff an opportunity of making representations as to any proposal to dismiss him by the governing body or any persons authorised under the articles to dismiss him, including (if he so wishes) oral representations to such person or persons as may be appointed for the purpose,

for requiring the governing body or any persons authorised under the articles to dismiss him to have regard to any representations made by him before taking any decision to dismiss him, and

for giving any member of staff whom it has been decided to dismiss an opportunity of appealing against that decision before any action is taken to implement it.

Curriculum

The articles must include provision for securing the discharge by the governing body and the head teacher of duties imposed on them under Chapters I and II of Part V and sections 384, 388, 389, 400 and 408.

The articles must include provision as to arrangements for the consideration and disposal of complaints relating to any matter concerning the curriculum followed within the school including, in particular, the discharge by the governing body of those duties.

The articles must require the governing body, when considering the content of the secular curriculum for the school, to have regard to any representations with regard to that curriculum—

which are made to them by any persons connected with the community served by the school, or

which are made to them by the chief officer of police and are connected with his responsibilities.

Admission arrangements

The articles must—

provide for the governing body to be responsible for determining the arrangements for admitting pupils to the school; and

include provision as to the policy to be followed in deciding admissions.

The articles must also require the governing body to publish, for each school year, particulars of—

the arrangements for admission of pupils to the school; and

the procedures applicable under the articles in relation to the admission of pupils to the school.

Appeals relating to admission and exclusion of pupils

The articles must include provision as to the arrangements for appeals (in such circumstances as may be provided by the articles) to an appeal committee constituted in accordance with the instrument of government against any decision or action taken—

by the governing body, or

by any persons authorised under the articles to take any decision or action of the kind in question,

in relation to admissions of pupils to the school or the permanent exclusion of a pupil from the school.

The articles must enable the governing body to make such arrangements jointly with the governing body of one or more other grant-maintained schools.

Sub-paragraphs (1) and (2), so far as they apply in relation to arrangements in respect of appeals—

do not require the articles to provide for any matter for which provision is made by Schedule 25A (exclusion appeals); and

have effect subject to paragraph 4(2) of Schedule 33B (refusal of admission in case of children permanently excluded from two or more schools).

The articles must require the governing body to publish, for each school year, particulars of any arrangements made by them in respect of appeals by parents against any such decision or action in relation to admissions of pupils to the school as is mentioned in sub-paragraph (1) above.

Annual reports

The articles must require the governing body to prepare once in every school year a report in such form and containing such information as the articles may require.

The articles must require the governing body to take such steps as are reasonably practicable to secure that—

the registered parents of all registered pupils at the school and all persons employed at the school are given (free of charge) a copy of the report, and

copies of the report are available for inspection (at all reasonable times and free of charge) at the school.

Annual parents’ meetings

The articles must require the governing body, subject to any exceptions provided for in the articles, to hold a meeting once in every school year which is open to—

all parents of registered pupils at the school, and

such other persons as the governing body may invite.

The articles must include provision as to—

the procedure to be followed and the matters to be considered at such a meeting,

the determination of any questions arising in connection with such a meeting, and

the taking by the governing body or any other persons of such action as may be required by the articles for the purposes of, or in connection with, such a meeting or any resolutions passed at it.

Section 222.

Categories of governors

Introductory

Application

This Schedule applies, in relation to the governing body of a grant-maintained school, for the purposes of Part III.

Part II of this Schedule applies for the purpose of determining who are to be the initial governors of a grant-maintained school.

Part III of this Schedule applies for the purpose of determining who are to be the governors of a grant-maintained school on and after the incorporation date.

General interpretation

References to an initial governor are to any person who becomes a member of the governing body on the incorporation date.

References to a governor of an elected category are to a person who is a parent or teacher governor as defined by section 78(3) or (4) or is such a governor within the meaning of this Schedule.

In relation to any proposals for acquisition of grant-maintained status in respect of a school, a person who is a governor of an elected category on the existing governing body of the school is an eligible governor of that category if—

his term of office as a governor is due to end after the date of implementation of the proposals, and

he has notified the existing governing body that he is willing to serve on the proposed governing body and has not withdrawn that notification.

Initial governors

Parent governors

In relation to a governing body to be incorporated under Chapter II of Part III, “parent governor” means—

a person who, immediately before the incorporation date in relation to the school, is a parent governor (as defined by section 78(3)) in relation to the school, or

a person elected or appointed under section 234, or elected, appointed or nominated under section 237, to hold office as an initial parent governor on the governing body.

A person elected under section 234 to hold office as an initial parent governor must be elected by registered parents of registered pupils at the school and a person elected or appointed under that section to hold such office must when he is elected or appointed be such a parent.

A person elected, appointed or nominated under section 237 to hold office as an initial parent governor—

in the case of an election, must be elected by registered parents of registered pupils at the school and must when he is elected be such a parent, and

in the case of an appointment or nomination, must be a registered parent of a registered pupil at the school at the time of his appointment or nomination.

Teacher governors

In relation to a governing body to be incorporated under Chapter II of Part III, “teacher governor” means—

a person who, immediately before the incorporation date in relation to the school, is a teacher governor (as defined by section 78(4)) in relation to the school, or

a person elected under section 234, or elected or nominated under section 237, to hold office as an initial teacher governor on the governing body.

A person elected under section 234 to hold office as an initial teacher governor must be elected by teachers at the school and must when he is elected be such a teacher.

A person elected or nominated under section 237 to hold office as an initial teacher governor—

in the case of an election, must be elected by teachers at the school and must when he is elected be such a teacher, and

in the case of a nomination, must be a teacher at the school at the time of his nomination.

First governors

In relation to a governing body to be incorporated under Chapter II of Part III, “first governor” means a person who is selected under section 236(1), or nominated under section 238(1), and appears to the persons selecting or nominating him to be committed to the good government and continuing viability of the school.

In relation to a governing body to be incorporated under Chapter IV of Part III, “first governor” means a person appointed by the funding authority who appears to them to be committed to the good government and continuing viability of the proposed school.

Foundation governors

In relation to a governing body to be incorporated under Chapter II of Part III, “foundation governor” means—

a person who is selected under section 236(2) or nominated under section 238(2),

where the statement annexed (under paragraph 2 of Schedule 20) to the proposals for acquisition of grant-maintained status describes the religious character of the school, a person who is appointed for the purpose of securing that (subject to the approval or adoption under section 261 of any proposals) the religious character of the school is such as is indicated in the statement, and

where there is a trust deed relating to the school, a person who is appointed for the purpose of securing that the school is conducted in accordance with the deed.

In relation to a governing body to be incorporated under Chapter IV of Part III, “foundation governor” means—

a person who is appointed by the promoters,

where the statement annexed under paragraph 8 of Schedule 20 to the proposals for the establishment of a new grant-maintained school describes the religious character of the school, a person who is appointed for the purpose of securing that (subject to the approval or adoption under section 261 of any proposals) the religious character of the proposed school is such as is indicated in the statement, and

where there is a trust deed relating to the proposed school, a person who is appointed for the purpose of securing that the proposed school is conducted in accordance with that deed.

Sponsor governors

In relation to a governing body to be incorporated under Chapter II of Part III, “sponsor governor” means a person appointed by a person named as a sponsor of the school in the proposals for acquisition of grant-maintained status.

Governors other than initial governors

Parent governors

“Parent governor” means a person who—

is elected by registered parents of registered pupils at the school,

is appointed under a provision of the instrument of government made by virtue of section 223(3),

is appointed by virtue of section 223(6), or

is an initial parent governor.

To qualify for such election, the person must when he is elected be a registered parent of a registered pupil at the school.

Teacher governors

“Teacher governor” means a person who—

is elected by teachers at the school,

is appointed by virtue of section 224(4), or

is an initial teacher governor.

To qualify for such election, the person must when he is elected be a teacher at the school.

First governors

“First governor” means—

a person appointed by the governing body who appears to them to be committed to the good government and continuing viability of the school,

a person appointed under a provision of the instrument of government made by virtue of section 227 who appears to the person appointing him to be committed to the good government and continuing viability of the school, or

an initial first governor.

Foundation governors

“Foundation governor” means a person who—

is appointed otherwise than by a local authority or the funding authority,

where paragraph 8(1)(b) or (2)(b) applies, is appointed for the purpose there referred to, and

where there is a trust deed relating to the school, is appointed for the purpose of securing that the school is conducted in accordance with that deed.

Sponsor governors

“Sponsor governor” means—

a person appointed by a person named in the instrument of government as a sponsor of the school,

while the instrument of government is the initial instrument, a person appointed by a person named as a sponsor of the school in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school, or

an initial sponsor governor.

Section 285.

Core governors for groups

Introductory

The provision made for core governors in the instrument of government for the governing body of a group must be in accordance with this Schedule.

Kinds of core governor

Core governors may be either—

appointed by the governing body, or

externally appointed.

Externally appointed core governors may be either—

appointed in respect of a particular school in the group, being a school—

which was a voluntary school immediately before it became grant-maintained, or

which was established in pursuance of proposals published under section 212, or

where the group consists only of such schools, appointed in respect of the group otherwise than by the governing body.

A person appointed as mentioned in sub-paragraph (2)(a) must be appointed by the persons named in the instrument of government for the group as being entitled to appoint externally appointed core governors in respect of the school.

A person appointed as mentioned in sub-paragraph (2)(a) must be appointed—

(where any statement annexed to the proposals in pursuance of which the school became a grant-maintained school described the religious character of the school) for the purpose of securing that, subject to any change in the character of the school which may be authorised by or under Part III, the religious character of the school is such as was indicated in the statement, and

(where there is a trust deed relating to the school) for the purpose of securing that the school is conducted in accordance with the deed.

Core governors, other than externally appointed core governors appointed in respect of particular schools in the group, must be appointed from among persons who appear to the person making the appointment to be committed to the good government and continuing viability of all the schools in the group.

A person who is a member of the teaching or other staff at any of the schools in the group is disqualified from holding office as a core governor, other than an externally appointed core governor.

Groups consisting only of former voluntary schools or section 212 schools

This paragraph applies in the case of such a group as is mentioned in paragraph 2(2)(b).

The minimum number of externally appointed core governors (referred to in this paragraph as “MN”) is one greater than the number of governors other than externally appointed core governors.

Any head teacher of a school in the group who has chosen not to be a governor shall be counted as one for the purposes of sub-paragraph (2).

In respect of each school in the group there must be the same number of externally appointed core governors.

The total number of externally appointed core governors in respect of schools in the group must not be less than the highest number, not exceeding MN, that is consistent with sub-paragraph (4).

Other groups

This paragraph applies in the case of a group other than such a group as is mentioned in paragraph 2(2)(b).

If any school in the group falls within paragraph 2(2)(a), one externally appointed governor must be appointed in respect of that school.

The appropriate number of the core governors must (on the date or dates on which they respectively take office) be parents of registered pupils at schools in the group, and the appropriate number of the core governors must (on the date or dates on which they respectively take office) be members of the local community; but one person may satisfy both requirements.

In sub-paragraph (3) “the appropriate number” means not less than two or, if all but one of the schools in the group fall within paragraph 2(2)(a), at least one.

In appointing core governors, the governing body must secure that those governors include persons appearing to the governing body to be members of the local business community (and such persons may also satisfy one or both of the requirements of sub-paragraph (3)).

The number of core governors must be such number, not being—

less than five, or

(subject to paragraph (a)) more than the number of schools in the group,

as will secure that they and the parent governors outnumber the other governors.

Any head teacher of a school in the group who has chosen not to be a governor shall be counted as one for the purposes of sub-paragraph (6).

Appeals against exclusion of pupils from grant-maintained schools

Introductory

In this Schedule—

“appeal” means an appeal mentioned in section 307A;

“appeal committee” means an appeal committee constituted for the purposes of an appeal in accordance with the instrument of government of the school;

“the relevant person” means—

in relation to a pupil under the age of 18, a parent of his;

in relation to a pupil who has attained that age, the pupil himself.

Procedure on appeal

An appeal shall be by notice in writing setting out the grounds on which it is made.

Subject to sub-paragraph (2), the appeal committee shall meet to consider an appeal—

within the period ending with the 15th school day after the day on which the appeal is lodged, or

if the governing body have determined a shorter period, within that period.

The governing body may extend the period within which the appeal committee are to consider an appeal where—

the relevant person requests them to do so; and

they are satisfied that the circumstances are exceptional and justify the period under sub-paragraph (1) being extended.

For the purpose of fixing the time (falling within the period mentioned in paragraph 3) at which the hearing of an appeal is to take place, the governing body shall take reasonable steps to ascertain any times falling within that period when—

the relevant person, or

any other person who wishes, and would be entitled, to appear and make oral representations in accordance with paragraph 5,

would be able to attend.

Where in accordance with sub-paragraph (1) the governing body have ascertained any such times in the case of any such person, they shall, when fixing the time at which the hearing is to take place, take those times into account with a view to ensuring, so far as it is reasonably practicable to do so, that that person is able to appear and make such representations at the hearing.

The appeal committee shall give the relevant person an opportunity of appearing and making oral representations, and shall allow him to be represented or to be accompanied by a friend.

The appeal committee shall allow—

the head teacher and a member of the governing body to make written representations;

the head teacher and a member of the governing body to appear and make oral representations; and

the governing body to be represented.

An appeal shall be held in private except when otherwise directed by the governing body, but any member of the Council on Tribunals may attend as an observer any meeting of the appeal committee at which an appeal is considered.

In deciding whether the pupil in question should be reinstated (and, if so, the time when this should take place), the appeal committee shall have regard to both the interests of that pupil and the interests of other pupils at his school and members of its staff.

In making its decision on an appeal, the appeal committee shall also have regard to the measures publicised by the head teacher under section 306A(7).

Sub-paragraphs (1) and (2) do not apply where the appeal committee decides that the pupil in question was not guilty of the conduct which the head teacher relied on as grounds for his permanent exclusion.

Sub-paragraphs (1) and (2) shall not be read as precluding an appeal committee from having regard to any other relevant matters.

In the event of a disagreement between the members of the appeal committee the appeal under consideration shall be decided by a simple majority of the votes cast and, in the case of an equality of votes, the chairman of the committee shall have a second or casting vote.

Subject to paragraph 11, the decision of the appeal committee and the grounds on which it is made shall be communicated by the committee in writing to the relevant person, the governing body, the head teacher and the local authority to whose area the pupil belongs within—

the period ending with the 17th school day after the day on which the appeal is lodged; or

if the governing body have determined a shorter period, that period.

Where the governing body extend the period for the consideration of an appeal in accordance with paragraph 3(2), they shall (to the extent it appears to them to be necessary as a result of the extension of that period) extend the period within which the appeal committee are to communicate their decision.

Subject to paragraphs 2 to 11, all matters relating to the procedure on appeals shall be determined by the governing body.

Subject to sub-paragraph (2), where joint arrangements for appeals have been made in accordance with paragraph 6(2) of Schedule 23 (content of articles of government), paragraphs 2 to 12 shall have effect in respect of appeals to committees established in accordance with the joint arrangements.

In the case of any appeal made in pursuance of the joint arrangements—

paragraphs 3, 4, 6, 10(b), 11 and 12 shall have effect as if for “the governing body” there were substituted “the governing body and the governing body of every other school which is a party to the arrangements, acting jointly”; and

paragraphs 5(2) and 10 (except paragraph 10(b)) shall have effect as if for “the governing body” there were substituted “the governing body against whose decision the appeal is made”.

Power of Secretary of State to make amendments

The Secretary of State may by order amend the preceding provisions of this Schedule.

Section 323.

Making of assessments under section 323

Introductory

In this Schedule “assessment” means an assessment of a child’s educational needs under section 323.

Medical and other advice

Regulations shall make provision as to the advice which a local authority are to seek in making assessments.

Without prejudice to the generality of sub-paragraph (1), the regulations shall require the authority, except in such circumstances as may be prescribed, to seek medical, psychological and educational advice and such other advice as may be prescribed.

Manner, and timing, of assessments, etc.

Regulations may make provision—

as to the manner in which assessments are to be conducted,

requiring the local authority, where, after conducting an assessment under section 323 of the educational needs of a child for whom a statement is maintained under section 324, they determine not to amend the statement, to serve on the parent of the child a notice giving the prescribed information, and

in connection with such other matters relating to the making of assessments as the Secretary of State considers appropriate.

Sub-paragraph (1)(b) does not apply to a determination made following the service of notice under paragraph 2A of Schedule 27 (amendment of statement by local authority) of a proposal to amend the statement.

Regulations may provide—

that where a local authority are under a duty under section 323, 329 or 329A , or under regulations under sub-paragraph (1)(b), to serve any notice, the duty must be performed within the prescribed period,

that where a local authority have served a notice under section 323(1) or 329A(3) on a child’s parent, they must decide within the prescribed period whether or not to make an assessment of the child’s educational needs,

that where a request has been made to a local authority under section 329(1), they must decide within the prescribed period whether or not to comply with the request, and

that where a local authority are under a duty to make an assessment, the duty must be performed within the prescribed period.

Provision made under sub-paragraph (3)—

may be subject to prescribed exceptions, and

does not relieve the authority of the duty to serve a notice, or make a decision or assessment, which has not been served or made within the prescribed period.

Attendance at examinations

Where a local authority are considering whether to make an assessment, they may serve a notice on the parent of the child concerned requiring the child’s attendance for examination in accordance with the provisions of the notice.

The parent of a child examined under this paragraph may be present at the examination if he so desires.

A notice under this paragraph shall—

state the purpose of the examination,

state the time and place at which the examination will be held,

name an officer of the authority from whom further information may be obtained,

inform the parent that he may submit such information to the authority as he may wish, and

inform the parent of his right to be present at the examination.

Offence

Any parent who fails without reasonable excuse to comply with any requirements of a notice served on him under paragraph 4 commits an offence if the notice relates to a child who is not over compulsory school age at the time stated in it as the time for holding the examination.

A person guilty of an offence under this paragraph is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Section 324.

Making and maintenance of statements under section 324

Introductory

In this Schedule—

“amendment notice” has the meaning given in paragraph 2A,

“statement” means a statement under section 324,

“periodic review” means a review conducted in accordance with section 328(5)(b), and

“re-assessment review” means a review conducted in accordance with section 328(5)(a).

Copy of proposed statement

Before making a statement, a local authority shall serve on the parent of the child concerned a copy of the proposed statement.

But that is subject to sub-paragraphs (3) and (4).

The copy of the proposed statement shall not specify any prescribed matter.

The copy of the proposed statement shall not specify any matter in pursuance of section 324(4).

Amendments to a statement

A local authority shall not amend a statement except—

in compliance with an order of the Tribunal,

as directed by the Secretary of State under section 442(4), or

in accordance with the procedure laid down in this Schedule.

If, following a re-assessment review, a local authority propose to amend a statement, they shall serve on the parent of the child concerned a copy of the proposed amended statement.

Sub-paragraphs (3) and (4) of paragraph 2 apply to a copy of a proposed amended statement served under sub-paragraph (2) as they apply to a copy of a proposed statement served under paragraph 2(1).

If, following a periodic review, a local authority propose to amend a statement, they shall serve on the parent of the child concerned—

a copy of the existing statement, and

an amendment notice.

If, at any other time, a local authority propose to amend a statement, they shall proceed as if the proposed amendment were an amendment proposed after a periodic review.

An amendment notice is a notice in writing giving details of the amendments to the statement proposed by the authority.

Provision of additional information

Sub-paragraph (2) applies when a local authority serve on a parent—

a copy of a proposed statement under paragraph 2,

a copy of a proposed amended statement under paragraph 2A, or

an amendment notice under paragraph 2A.

The local authority shall also serve on the parent a written notice explaining (to the extent that they are applicable)—

the arrangements under paragraph 3,

the effect of paragraph 4, and

the right to appeal under section 326.

A notice under sub-paragraph (2) must contain such other information as may be prescribed.

Choice of school

Every local authority shall make arrangements for enabling a parent—

on whom a copy of a proposed statement has been served under paragraph 2,

on whom a copy of a proposed amended statement has been served under paragraph 2A, or

on whom an amendment notice has been served under paragraph 2A which contains a proposed amendment about —

the type or name of a school or institution, or

the provision made for the child concerned under arrangements made under section 319,

to be specified in the statement, to express a preference as to the maintained school at which he wishes education to be provided for his child and to give reasons for his preference.

Any such preference must be expressed or made within the period of 15 days beginning—

with the date on which the written notice mentioned in paragraph 2B was served on the parent, or

if a meeting has (or meetings have) been arranged under paragraph 4(1)(b) or (2), with the date fixed for that meeting (or the last of those meetings).

Where a local authority make a statement in a case where the parent of the child concerned has expressed a preference in pursuance of such arrangements as to the school at which he wishes education to be provided for his child, they shall specify the name of that school in the statement unless—

the school is unsuitable to the child’s age, ability or aptitude or to his special educational needs, or

the attendance of the child at the school would be incompatible with the provision of efficient education for the children with whom he would be educated or the efficient use of resources.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Consultation on specifying name of school in statement

Sub-paragraph (2) applies if a local authority are considering—

specifying the name of a maintained school or maintained nursery school in a statement, or

amending a statement—

if no school was specified in the statement before the amendment, so that a maintained school or maintained nursery school will be specified in it,

if a school was specified in the statement before the amendment, so that a different school, which is a maintained school or maintained nursery school, will be specified in it.

The local authority shall—

serve a copy of the proposed statement or amended statement, or of the existing statement and of the amendment notice, on each affected body, and

consult each affected body.

“Affected body” means—

the governing body of any school which the local authority are considering specifying; and

if a school which the local authority are considering specifying is maintained by another local authority, that authority.

Representations

A parent on whom a copy of a proposed statement has been served under paragraph 2 , or on whom a proposed amended statement or an amendment notice has been served under paragraph 2A, may—

make representations (or further representations) to the local authority about the content of the proposed statement or the statement as it will have effect if amended in the way proposed by the authority, and

require the authority to arrange a meeting between him and an officer of the authority at which the proposed statement or the statement as it will have effect if amended in the way proposed by the authority can be discussed.

Where a parent, having attended a meeting arranged by a local authority under sub-paragraph (1)(b) in relation to—,

a proposed statement, or

an amendment proposed following a re-assessment review,

disagrees with any part of the assessment in question, he may require the authority to arrange such meeting or meetings as they consider will enable him to discuss the relevant advice with the appropriate person or persons.

In this paragraph—

“relevant advice” means such of the advice given to the authority in connection with the assessment as they consider to be relevant to that part of the assessment with which the parent disagrees, and

“appropriate person” means the person who gave the relevant advice or any other person who, in the opinion of the authority, is the appropriate person to discuss it with the parent.

Any representations under sub-paragraph (1)(a) must be made within the period of 15 days beginning—

with the date on which the written notice mentioned in paragraph 2B was served on the parent, or

if a meeting has (or meetings have) been arranged under sub-paragraph (1)(b) or (2), with the date fixed for that meeting (or the last of those meetings).

A requirement under sub-paragraph (1)(b) must be made within the period of 15 days beginning with the date on which the written notice mentioned in paragraph 2B was served on the parent.

A requirement under sub-paragraph (2) must be made within the period of 15 days beginning with the date fixed for the meeting arranged under sub-paragraph (1)(b).

Making the statement

Where representations are made to a local authority under paragraph 4(1)(a), the authority shall not make or amend the statement until they have considered the representations and the period or the last of the periods allowed by paragraph 4 for making requirements or further representations has expired.

If a local authority make a statement, it may be in the form originally proposed (except as to the matters required to be excluded from the copy of the proposed statement) or in a form modified in the light of the representations.

If a local authority amend a statement following service of a proposed amended statement under paragraph 2A, the amended statement made may be in the form proposed or in a form modified in the light of the representations.

If a local authority amend a statement following service of an amendment notice, the amendments may be those proposed in the notice or amendments modified in the light of the representations.

Regulations may provide that, where a local authority are under a duty (subject to compliance with the preceding requirements of this Schedule) to make a statement, the duty to make the statement, or any step required to be taken for or in connection with the performance of the duty or the maintenance of the statement (including any step in relation to the amendment of the statement) must, subject to prescribed exceptions, be performed within the prescribed period.

Such provision shall not relieve the authority of the duty to make a statement, or take any step, which has not been performed or taken within that period.

Service of statement

Where a local authority make or amend a statement they shall serve a copy of the statement, or the amended statement, on the parent of the child concerned.

They shall, at the same time, give the parent written notice of his right to appeal under section 326(1) against—

the description in the statement of the authority’s assessment of the child’s special educational needs,

the special educational provision specified in the statement (including the name of a school specified in the statement), or

if no school is named in the statement, that fact.

A notice under sub-paragraph (2) must contain such other information as may be prescribed.

Keeping, disclosure and transfer of statements

Regulations may make provision as to the keeping and disclosure of statements.

Regulations may make provision, where a local authority become responsible for a child for whom a statement is maintained by another authority, for the transfer of the statement to them and for Part IV to have effect as if the duty to maintain the transferred statement were their duty.

Change of named school

Sub-paragraph (2) applies where—

the parent of a child for whom a statement is maintained which specifies the name of a school or institution asks the local authority to substitute for that name the name of a maintained school or maintained nursery school specified by the parent, and

the request is not made less than 12 months after—

an earlier request under this paragraph,

the service of a copy of the statement under paragraph 6,

if the statement has been amended, the date when notice of the amendment is given under paragraph 10(3)(b), or

if the parent has appealed there is an appeal to the Tribunal under section 326 or this paragraph, the date when the appeal is concluded,

whichever is the later.

The local authority shall comply with the request unless—

the school is unsuitable to the child’s age, ability or aptitude or to his special educational needs, or

the attendance of the child at the school would be incompatible with the provision of efficient education for the children with whom he would be educated or the efficient use of resources.

Where the local authority determine not to comply with the request—

they shall give notice in writing of that fact to the parent of the child, and

the parent of the child may appeal to the Tribunal against the determination.

A notice under sub-paragraph (3)(a) must inform the parent of the right of appeal under sub-paragraph (3)(b) and contain such other information as may be prescribed.

On the appeal the Tribunal may—

dismiss the appeal, or

order the local authority to substitute for the name of the school or other institution specified in the statement the name of the school specified by the parent.

Regulations may provide that, where a local authority are under a duty to comply with a request under this paragraph, the duty must, subject to prescribed exceptions, be performed within the prescribed period.

Such provision shall not relieve the authority of the duty to comply with such a request which has not been complied with within that period.

Procedure for amending or ceasing to maintain a statement

A local authority may not . . . cease to maintain, a statement except in accordance with paragraph . . . 11.

Sub-paragraph (1) does not apply where the local authority—

cease to maintain a statement for a child who has ceased to be a child for whom they are responsible, or

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

are ordered to cease to maintain a statement under section 326(3)(c), . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

A local authority may cease to maintain a statement only if it is no longer necessary to maintain it.

Where the local authority determine to cease to maintain a statement—

they shall give notice in writing of that fact to the parent of the child, and

the parent of the child may appeal to the Tribunal against the determination.

A notice under sub-paragraph (2)(a) must inform the parent of the right of appeal under sub-paragraph (2)(b) and contain such other information as may be prescribed.

Where the local authority determine to cease to maintain a statement following a periodic review or a re-assessment review, regulations may provide that a notice under sub-paragraph (2)(a) must be given within the prescribed period beginning with the date of the review.

On an appeal under this paragraph the Tribunal may—

dismiss the appeal, or

order the local authority to continue to maintain the statement in its existing form or with such amendments of—

the description in the statement of the authority’s assessment of the child’s special educational needs, or

the special educational provision specified in the statement,

and such other consequential amendments, as the Tribunal may determine.

Except where the parent of the child appeals there is an appeal to the Tribunal under this paragraph, a local authority may only cease to maintain a statement under this paragraph within the prescribed period beginning with the service of the notice under sub-paragraph (2).

A local authority may not, under this paragraph, cease to maintain a statement if—

the parent of the child has appealed there has been an appeal under this paragraph against the authority’s determination to cease to maintain the statement, and

the appeal has not been determined by the Tribunal or withdrawn.

Constitution of governing body and conduct of school

For every governing body of a grant-maintained special school there shall be—

an instrument (known as the instrument of government) providing for the constitution of the governing body, and

an instrument (known as the articles of government) in accordance with which the school is to be conducted.

The instrument and articles of government—

shall comply with any requirements imposed by or under Part IV, and

may make any provision authorised by or under Part IV to be made and such other provision as may be necessary or desirable.

Subject to any express provision of the instrument or articles of government, the school shall be conducted in accordance with any trust deed relating to it.

Initial instruments and articles of government

The initial instrument of government for the governing body of a grant-maintained special school, and the initial articles of government for such a school, shall be such as are prescribed.

The initial instrument of government shall have effect as from the incorporation date.

The initial articles of government shall have effect as from the date of implementation of the proposals made under section 339(2)(a) or 345 but, in the case of a governing body incorporated in pursuance of proposals made under section 339(2)(a), such of the articles as may be prescribed shall have effect as from the incorporation date.

Subsequent instruments of government

The Secretary of State may—

if the governing body of a grant-maintained special school submit a draft of an instrument of government to have effect in place of their existing instrument, by order make a new instrument of government in terms of the draft or in such terms as he thinks fit, and

if such a governing body submit draft modifications of an instrument made under paragraph (a) above, by order modify the instrument concerned in terms of the draft or in such terms as he thinks fit,

but shall not make a new instrument otherwise than in the terms of the draft, or modify the instrument otherwise than in terms of the draft, unless he has consulted the governing body.

The Secretary of State may by order modify the instrument of government for the governing body of any grant-maintained special school.

An order under sub-paragraph (2)—

may relate to all grant-maintained special schools, to any category of such schools specified in the order or to any such school so specified, but

shall not be made unless the Secretary of State has consulted the governing body of each grant-maintained special school to which the order relates.

Where, by reason of the making of a new instrument, or the modification of an instrument, under this paragraph, the number of governors of any category will (unless the required number of governors of that category resign) exceed the number provided for in the instrument, the new instrument or, as the case may be, the instrument as modified shall provide—

for such number of governors of that category as is required to eliminate the excess to cease to hold office, and

for the selection of those who are to cease to hold office.

Subsequent articles of government

The governing body of a grant-maintained special school may, with the consent of the Secretary of State—

make new articles of government in place of the existing articles for the school, or

modify the existing articles for the school.

The Secretary of State may by a direction under this paragraph require—

the governing bodies of grant-maintained special schools or any class of such schools specified in the direction, or

the governing body of any particular grant-maintained special school so specified,

to modify their articles of government in any manner so specified.

Before giving a direction under this paragraph, the Secretary of State shall consult the governing body or (as the case may be) each governing body to which the direction applies.

Parent governors

The instrument of government for the governing body of a grant-maintained special school shall provide for the governing body to include not less than three nor more than five parent governors.

Subject to sub-paragraph (5), the parent governors—

in the case of a school not established in a hospital, shall be elected by persons who are registered parents of registered pupils at the school, and

in the case of a school so established, shall be appointed by the other members of the governing body.

To qualify for such election a person must when he is elected be a registered parent of a registered pupil at the school; and to qualify for appointment under sub-paragraph (2)(b) a person must when he is appointed be such a parent or, if that is not reasonably practicable, a parent of one or more children of compulsory school age.

The instrument shall provide for each parent governor to hold office for a term of four years.

In the case of a school not established in a hospital, the instrument shall provide that if—

one or more vacancies for parent governors are required to be filled by election, and

the number of parents standing for election as parent governors is less than the number of vacancies,

the required number of parent governors shall be made up by persons appointed by the other members of the governing body.

The instrument shall require governors, in appointing a person under a provision made by virtue of sub-paragraph (5)—

to appoint a person who is the registered parent of a registered pupil at the school, where it is reasonably practicable to do so, and

where it is not, to appoint a person who is the parent of one or more children of compulsory school age with special educational needs or, if that also is not reasonably practicable, a person who is the parent of a person of any age with special educational needs.

Teacher governors

The instrument of government for the governing body of a grant-maintained special school shall provide for the governing body to include either one or two teacher governors.

Each teacher governor shall be elected by persons who are teachers at the school.

To qualify for such election, a person must when he is elected be a teacher at the school.

The instrument shall provide for each teacher governor to hold office for a term of four years.

Head teacher

The instrument of government for the governing body of a grant-maintained special school shall provide for the governing body to include (as a governor ex officio) the person who is for the time being the head teacher.

First governors

The instrument of government for the governing body of a grant-maintained special school shall provide for the governing body to include first governors.

The instrument shall provide for such number of first governors as will secure that they outnumber the other governors.

The instrument—

shall require—

that, where it is reasonably practicable, at least two of the first governors shall be (on the date or dates on which they respectively take office) parents of registered pupils at the school, and

that at least two of the first governors shall be persons with experience of education for those with special educational needs,

but one person may satisfy both requirements, and

shall require the governing body, in appointing first governors, to secure that those governors include a person appearing to them to be a member of the local business community (and such a person may also satisfy one or both of the requirements of paragraph (a)(i) and (ii) above).

The instrument shall provide for the first governors to be appointed by the governing body from among persons who appear to the governing body to be committed to the good government and continuing viability of the school.

The instrument shall provide for first governors to hold office for such term (not being less than five nor more than seven years) as may be specified in the instrument.

A person who is a member of the teaching or other staff at the school shall be disqualified for holding office as a first governor.

References in this paragraph to governors other than first governors do not include sponsor governors.

Power of Secretary of State to replace first governors

The instrument of government for the governing body of a grant-maintained special school shall provide for the Secretary of State to have power, where any of sub-paragraphs (2) to (4) apply, to replace all or any of the first governors.

This sub-paragraph applies where the governing body have been guilty of substantial or persistent failure to comply or secure compliance with any requirement imposed by or under any enactment.

This sub-paragraph applies where—

there is a report of an inspection of the school in which the person who made it expressed the opinion that special measures were required to be taken in relation to the school,

either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion,

if any registered inspector or member of the Inspectorate has made a later report of an inspection of the school under Part I of the School Inspections Act 1996, he did not express the opinion in the report that special measures were not required to be taken in relation to the school, and

the Secretary of State has received a statement prepared under section 17 of that Act or the period allowed by subsection (2) of that section for the preparation of such a statement has expired;

and expressions used in this sub-paragraph and in that Act have the same meaning as in that Act.

This sub-paragraph applies where in the opinion of the Secretary of State any action taken or proposed by the governing body of the school, or any failure of the governing body to act, is prejudicial to the provision of education by the school.

The instrument of government for a grant-maintained special school shall enable the Secretary of State to make such provision as he thinks fit for filling vacancies for first governors if it appears to him that the governing body are unable or unwilling to fill the vacancies.

Any provision made by the instrument of government in pursuance of paragraph 8(3) shall not apply for the purposes of the appointment by virtue of this paragraph of any first governor.

Sponsor governors

The instrument of government for the governing body of a grant-maintained special school which provides secondary education may—

name a person as a sponsor of the school, and

provide for the governing body to include such number of sponsor governors, not exceeding four, as is specified in the instrument.

Additional governors

The instrument of government for the governing body of a grant-maintained special school shall enable the Secretary of State to appoint not more than two additional governors if it appears to him that the governing body are not adequately carrying out their responsibilities in respect of the conduct or management of the school.

The instrument shall enable the governing body, during any period when any additional governors appointed by the Secretary of State by virtue of sub-paragraph (1) are in office, to appoint a number of additional first governors not greater than the number of additional governors appointed by the Secretary of State who are then in office.

Any additional first governor appointed in pursuance of such a provision is to hold office for such term (not being more than five years) as may be specified in the terms of his appointment.

Powers

Section 231 of this Act shall have effect in relation to the governing body of a grant-maintained special school with such modifications as may be prescribed.

Transitory provisions

Regulations may modify the provisions of paragraphs 5 to 12 in relation to—

the initial instrument of government, or

governors holding office, elected or appointed, before the date of implementation of the proposals in pursuance of which the governing body are constituted.

General application of enactments

In relation to any governing body incorporated in pursuance of proposals under section 339(2)(a) or 345 or any school conducted or formerly conducted by such a governing body, regulations may , subject to the following paragraphs of this Schedule, provide for any provision of—

Schedules 22 and 23 (governing bodies; articles),

Chapters VI, VII, VIII and X of Part III (funding; alteration; discontinuance, etc.), and

any other enactment (not contained in Part III) relating to grant-maintained schools or maintained special schools (or schools including such schools),

to have effect with or without modification.

Each of sections 306A (responsibility for discipline) and 307 (exclusion of pupils) applies to a grant-maintained special school as it applies to a grant-maintained school.

Section 307A and Schedule 25A (exclusion appeals) apply in relation to a grant-maintained special school as they apply in relation to a grant-maintained school, but as if any reference in those provisions to any provision of Schedule 23 were a reference to that provision as it applies in accordance with regulations under paragraph 14 above.

Status

The Authority shall not be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Authority’s property shall not be regarded as property of, or property held on behalf of, the Crown.

Powers

The Authority may do anything which is calculated to facilitate, or is incidental or conducive to, the carrying out of any of their functions.

In particular, the Authority may—

acquire or dispose of land or other property,

enter into contracts,

form bodies corporate or subscribe for shares or stock,

invest any sums not immediately required for the purpose of carrying out their functions,

accept gifts of money, land or other property, and

borrow money.

The Authority may also give to any person or body (whether or not in the United Kingdom) such assistance, other than financial assistance, as they may determine.

Assistance may be provided on such terms and subject to such conditions (if any) as the Authority may determine.

In particular, assistance may be provided free of charge or on such terms as to payment as the Authority may determine.

The consent of the Secretary of State is required for the exercise of any power conferred by this paragraph.

Chief officer

The Authority shall have a chief officer who shall be appointed by the Authority with the approval of the Secretary of State on such terms and conditions as the Authority may with the approval of the Secretary of State determine.

Chairman and chief officer: division of functions

The Secretary of State may, on appointing a person to be the chairman of the Authority, confer on him such additional functions in relation to the Authority as may be specified in the appointment.

The functions for the time being conferred by virtue of appointment as chief officer of the Authority shall not include any function for the time being conferred under sub-paragraph (1) on the chairman of the Authority.

Tenure of office

A person shall hold and vacate office as a member or as chairman or deputy chairman of the Authority in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment.

A person may at any time by notice in writing to the Secretary of State resign his office as a member or as chairman or deputy chairman of the Authority.

The Secretary of State may, if satisfied that a member of the Authority—

has been absent from meetings of the Authority for a continuous period of more than six months without the permission of the Authority, or

is unable or unfit to discharge the functions of a member,

remove him from office by giving him notice in writing and thereupon the office shall become vacant.

If the chairman or deputy chairman of the Authority ceases to be a member of the Authority, he shall also cease to be chairman or deputy chairman.

Payments to members

The Authority shall pay to their members such salaries or fees, and such travelling, subsistence or other allowances, as the Secretary of State may determine.

The Authority shall, as regards any member in whose case the Secretary of State may so determine, pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.

If a person ceases to be a member of the Authority and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may direct the Authority to make to that person a payment of such amount as the Secretary of State may determine.

A determination or direction of the Secretary of State under this paragraph requires the approval of the Treasury.

Staff

Subject to the approval of the Secretary of State, given with the consent of the Treasury, the Authority—

may appoint such number of employees, on such terms and conditions, as they may determine; and

shall pay to their employees such remuneration and allowances as they may determine.

Employment with the Authority shall continue to be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply.

The Authority shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to this paragraph in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.

Where an employee of the Authority is (by reference to that employment) a participant in a scheme under section 1 of that Act and is also a member of the Authority, the Treasury may determine that his service as such a member shall be treated for the purposes of the scheme as service as an employee of the Authority (whether or not any benefits are payable to or in respect of him by virtue of paragraph 9).

Finance

The Secretary of State may make grants to the Authority of such amount as he thinks fit in respect of expenses incurred or to be incurred by the Authority in carrying out their functions.

The payment of grant under this paragraph shall be subject to the fulfilment of such conditions as the Secretary of State may determine.

The Secretary of State may also impose such requirements as he thinks fit in connection with the payment of grant under this paragraph.

Committees

The Authority may establish a committee for any purpose.

The Authority shall determine the number of members which a committee established under this paragraph shall have, and the terms on which they are to hold and vacate office.

A committee may include persons who are not members of the Authority.

The Authority shall keep under review the structure of committees established under this paragraph and the scope of each committee’s activities.

Delegation of functions

The Authority may authorise the chairman, the deputy chairman, the chief officer or any committee established under paragraph 13 to carry out such of the Authority’s functions as the Authority may determine.

Proceedings

A representative of the Secretary of State shall be entitled to attend and take part in deliberations (but not in decisions) at meetings of the Authority or of any committee of the Authority.

The Authority shall provide the Secretary of State with such copies of any documents distributed to members of the Authority or of any such committee as he may require.

Her Majesty’s Chief Inspector of Schools in England, or a representative of his, shall be entitled to attend and take part in deliberations (but not in decisions) at meetings of the Authority or of any committee of the Authority.

The Authority shall provide Her Majesty’s Chief Inspector of Schools in England with such copies of any documents distributed to members of the Authority or of any such committee as he may require.

The chairman of the Curriculum and Assessment Authority for Wales, or a representative of his, shall be entitled to attend and take part in deliberations (but not in decisions) at meetings of the Authority or of any committee of the Authority.

The Authority shall provide the chairman of the Curriculum and Assessment Authority for Wales with such copies of any documents distributed to members of the Authority or of any such committee as he may require.

The validity of the Authority’s proceedings shall not be affected by a vacancy among the members or any defect in the appointment of a member.

Subject to the preceding provisions of this Schedule, the Authority may regulate their own procedure and that of any of their committees.

Accounts

The Authority shall—

keep proper accounts and proper records in relation to the accounts;

prepare a statement of accounts in respect of each financial year of the Authority; and

The statement of accounts shall comply with any directions given by the Secretary of State with the approval of the Treasury as to—

the information to be contained in it;

the manner in which the information contained in it is to be presented; or

the methods and principles according to which the statement is to be prepared.

Documents

The application of the seal of the Authority shall be authenticated by the signature—

of the chairman or some other person authorised either generally or specially by the Authority to act for that purpose, and

of one other member.

Any document purporting to be an instrument made or issued by or on behalf of the Authority and to be duly executed by a person authorised by the Authority in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

Status

Powers

The Authority may do anything which is calculated to facilitate, or is incidental or conducive to, the carrying out of any of their functions.

In particular, the Authority may—

acquire or dispose of land or other property,

enter into contracts,

form bodies corporate or subscribe for shares or stock,

invest any sums not immediately required for the purpose of carrying out their functions,

accept gifts of money, land or other property, and

borrow money.

The Authority may also give to any person or body (whether or not in the United Kingdom) such assistance, other than financial assistance, as they may determine.

Assistance may be provided on such terms and subject to such conditions (if any) as the Authority may determine.

In particular, assistance may be provided free of charge or on such terms as to payment as the Authority may determine.

The consent of the Secretary of State is required for the exercise of any power conferred by this paragraph.

Chief officer

The Authority shall have a chief officer who shall be appointed—

in the case of a person who is also chairman of the Authority, by the Secretary of State, and

in any other case, by the Authority with the approval of the Secretary of State.

The appointment of the chief officer shall be on such terms and conditions as the Secretary of State, or (as the case may be) the Authority with the approval of the Secretary of State, may determine.

No member of the Authority other than the chairman shall be appointed as chief officer.

Tenure of office

A person may at any time by notice in writing to the Secretary of State resign his office as a member or as chairman or deputy chairman of the Authority.

The Secretary of State may, if satisfied that a member of the Authority—

has been absent from meetings of the Authority for a continuous period of more than six months without the permission of the Authority, or

is unable or unfit to discharge the functions of a member,

remove him from office by giving him notice in writing and thereupon the office shall become vacant.

If the chairman or deputy chairman of the Authority ceases to be a member of the Authority, he shall also cease to be chairman or deputy chairman.

Payments to members

The Authority shall pay to their members such salaries or fees, and such travelling, subsistence or other allowances, as the Secretary of State may determine.

A determination or direction of the Secretary of State under this paragraph requires the approval of the Treasury.

Staff

Subject to the approval of the Secretary of State, given with the consent of the Treasury, the Authority—

may appoint such number of employees, on such terms and conditions, as they may determine; and

shall pay to their employees such remuneration and allowances as they may determine.

Employment with the Authority shall continue to be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply.

Finance

The Secretary of State may make grants to the Authority of such amount as he thinks fit in respect of expenses incurred or to be incurred by the Authority in carrying out their functions.

The payment of grant under this paragraph shall be subject to the fulfilment of such conditions as the Secretary of State may determine.

The Secretary of State may also impose such requirements as he thinks fit in connection with the payment of grant under this paragraph.

Committees

The Authority may establish a committee for any purpose.

The Authority shall determine the number of members which a committee established under this paragraph shall have, and the terms on which they are to hold and vacate office.

A committee may include persons who are not members of the Authority.

The Authority shall keep under review the structure of committees established under this paragraph and the scope of each committee’s activities.

Delegation of functions

The Authority may authorise the chairman, the deputy chairman, the chief officer or any committee established under paragraph 12 to carry out such of the Authority’s functions as the Authority may determine.

Proceedings

The chairman of the School Curriculum and Assessment Authority, or a representative of his, shall be entitled to attend and take part in deliberations (but not in decisions) at meetings of the Authority or of any committee of the Authority.

The Authority shall provide the chairman of the School Curriculum and Assessment Authority with such copies of any documents distributed to members of the Authority or of any such committee as he may require.

The validity of the Authority’s proceedings shall not be affected by a vacancy among the members or any defect in the appointment of a member.

Subject to the preceding provisions of this Schedule, the Authority may regulate their own procedure and that of any of their committees.

Accounts

The Authority shall—

keep proper accounts and proper records in relation to the accounts;

prepare a statement of accounts in respect of each financial year of the Authority; and

The statement of accounts shall comply with any directions given by the Secretary of State with the approval of the Treasury as to—

the information to be contained in it;

the manner in which the information contained in it is to be presented; or

the methods and principles according to which the statement is to be prepared.

Documents

The application of the Authority’s seal shall be authenticated by the signature of the chairman or deputy chairman and that of one other member.

Any document purporting to be an instrument made or issued by or on behalf of the Authority and to be—

duly executed under the Authority’s seal, or

signed or executed by a person authorised by the Authority to act in that behalf,

shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

Section 375.

Agreed syllabuses of religious education

Duty to convene conference to reconsider agreed syllabus

Where the agreed syllabus for the time being adopted by a local authority was adopted by them on or after 29th September 1988 but before 1st April 1994, they shall, within the period of five years beginning with the date on which they adopted the syllabus, convene a conference for the purpose of reconsidering the syllabus.

Sub-paragraph (1) does not apply where the authority have already convened such a conference on or after 1st April 1994 in pursuance of paragraph 12(3) of Schedule 5 to the Education Act 1944.

A local authority shall from time to time cause further conferences to be convened for the purpose of reconsidering any agreed syllabus for the time being adopted by them (whether adopted before, on or after 1st April 1994).

No such conference shall be convened later than the end of the period of five years beginning with the date (falling after 31st March 1994) on which—

the authority adopted the syllabus, or

the authority gave effect to a recommendation under paragraph 10(2) below (or under paragraph 13 of Schedule 5 to the Education Act 1944) that the syllabus should continue to be the agreed syllabus.

On receipt by a local authority of written notification of any such requirement as is mentioned in section 391(3), the authority shall cause a conference to be convened for the purpose of reconsidering any agreed syllabus to which the requirement relates.

Constitution of conference

A conference convened under this Schedule shall consist of such groups of persons (“committees”) appointed by the local authority which convenes the conference as are required by sub-paragraph (2).

Those committees are—

a committee of persons representing such Christian denominations and other religions and denominations of such religions as, in the opinion of the authority, will appropriately reflect the principal religious traditions in the area;

except in the case of an area in Wales, a committee of persons representing the Church of England;

a committee of persons representing such associations representing teachers as, in the opinion of the authority, ought to be represented, having regard to the circumstances of the area; and

a committee of persons representing the authority.

Where a committee is required to be appointed by virtue of sub-paragraph (2)(b), the committee required to be appointed by virtue of sub-paragraph (2)(a) shall not include persons appointed to represent the Church of England.

The number of persons appointed under sub-paragraph (2)(a) to represent each denomination or religion required to be represented shall, so far as is consistent with the efficient discharge of the committee’s functions, reflect broadly the proportionate strength of that denomination or religion in the area.

Any sub-committees appointed by the conference shall each include at least one member of each of the committees constituting the conference.

On any question to be decided by the conference or by any sub-committee of the conference, a single vote shall be given for each of the committees constituting the conference.

Before appointing a person to represent any religion, denomination or associations as a member of a committee, the local authority shall take all reasonable steps to assure themselves that he is representative of the religion, denomination or associations in question.

No proceedings under this Schedule shall be invalidated on the ground that a member of a committee did not represent the religion, denomination or associations which he was appointed to represent, unless it is shown that the authority failed to take the steps required by sub-paragraph (1).

A person appointed as a member of a committee—

may resign his membership, or

may be withdrawn from membership by the local authority if, in their opinion, he ceases to be representative of the religion, denomination or associations which he was appointed to represent or (as the case may be) of the authority.

Where a person resigns or is withdrawn from a committee, the local authority shall appoint someone in his place in the same manner as that in which they made the original appointment.

Reconsideration of agreed syllabus

This paragraph applies where a local authority cause a conference to be convened for the purpose of reconsidering any agreed syllabus under any of paragraphs 1 to 3.

If—

the conference—

unanimously recommend that the existing syllabus should continue to be the agreed syllabus, or

unanimously recommend a new syllabus to be adopted in substitution for the existing syllabus, and

it appears to the local authority that the syllabus or, as the case may be, the new syllabus, reflects the fact that the religious traditions in Great Britain are in the main Christian while taking account of the teaching and practices of the other principal religions represented in Great Britain,

the authority may give effect to the recommendation.

If—

the authority report to the Secretary of State that the conference are unable to reach unanimous agreement, or

the conference unanimously recommend that the existing syllabus should continue to be the agreed syllabus but the local authority consider that sub-paragraph (2)(b) prevents them from giving effect to the recommendation, or

it appears to the Secretary of State that the authority have failed to exercise their power under sub-paragraph (2) to give effect to the unanimous recommendation of the conference,

the Secretary of State shall proceed in accordance with paragraph 12.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Preparation of new syllabus by appointed body

Where required by paragraph 10 to proceed in accordance with this paragraph, the Secretary of State shall appoint a body of persons having experience in religious education to prepare a syllabus of religious education.

The appointed body shall, so far as is practicable, be of a representative character which is the same as that required by paragraph 4 in the case of a conference.

The appointed body shall—

give the local authority, the conference and every committee constituting the conference an opportunity of making representations to it;

after considering any such representations made to it, prepare a syllabus of religious education; and

transmit a copy of that syllabus to the authority and to the Secretary of State.

Subject to sub-paragraph (1)(a), the appointed body may conduct its proceedings in such manner as it thinks fit.

The syllabus prepared by the appointed body shall be deemed to be the agreed syllabus adopted for use in the schools for which, or for the class or description of pupils for which, it was prepared—

as from such date as the Secretary of State may direct, and

until a new syllabus is adopted for use in those schools, or for pupils of that class or description, in accordance with this Schedule.

Special provisions applicable where order under section 27(1)(b) applies

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 436E

Failure to provide information under section 436E: monetary penalties

Warning notice

Where a local authority proposes to require a person to pay a monetary penalty under section 436E(8), the authority must serve a notice on the person of what is proposed (a “warning notice”).

The warning notice must include information as to—

the grounds for the proposal to require payment of the monetary penalty,

the amount of the penalty, and

the person’s right to make representations.

Representations

The person on whom the warning notice is served may make written representations to the local authority in relation to the proposed requirement to pay a monetary penalty—

before the end of the period of 14 days beginning with the day on which the notice is served, or

if within that period the person gives written notice of their intention to make representations, before the end of the period of 28 days beginning with that day.

Imposition of penalty

Where a person has made representations in response to a warning notice, or the time for doing so has elapsed, the local authority must decide whether to require the person to pay the monetary penalty.

The local authority may not require the person to pay a monetary penalty if the authority is no longer satisfied as mentioned in section 436E(8).

If the local authority decide not to require the person to pay the penalty, the authority must inform the person of that fact.

Penalty notice

A requirement to pay a monetary penalty is imposed by a notice served on the person by the local authority (a “penalty notice”).

A penalty notice must include information as to—

the grounds for requiring payment of the monetary penalty,

the amount of the penalty,

how payment may be made,

the period within which payment is to be made (which must be at least 28 days beginning with the day on which the notice is served),

the consequences of late payment (see paragraph 5), and

rights of appeal.

A penalty notice may be withdrawn at any time by the local authority that gave it.

Consequences of late payment

If the person on whom a penalty notice is served fails to pay the monetary penalty within the period specified in the notice, the amount of the penalty is increased by the prescribed percentage.

Appeals

A person on whom a penalty notice is served may appeal to the First-tier Tribunal on any of the grounds mentioned in sub-paragraph (2).

The grounds are that—

the decision to require payment of the penalty was based on an error of fact;

the decision was wrong in law;

the decision was unreasonable.

On an appeal under this paragraph the First-tier Tribunal may—

quash the penalty notice,

confirm the penalty notice, or

vary the penalty notice by reducing the amount of the monetary penalty.

Where an appeal under this paragraph is made, the requirement to pay the monetary penalty is suspended pending the final determination or withdrawal of the appeal.

Enforcement

If a person does not pay the whole or any part of a monetary penalty which the person is required to pay under this Schedule within the time specified in the penalty notice, the penalty or part of the penalty is recoverable as if it were payable under an order of the county court.

Proposals for reduction of standard number

Where the admission authority for a county or voluntary school intend to apply for an order under section 420(2) reducing any standard number applying to the school under sections 417 to 420 for any age group in any year, they shall—

publish their proposals relating to the reduction in such manner as may be required by regulations, and

submit a copy of the published proposals to the Secretary of State together with their application.

The published proposals shall be accompanied by a statement explaining the effect of—

paragraph 3, where the local education authority are the admission authority, or

paragraph 4, where the governing body are the admission authority.

Where the local education authority are the admission authority, objections to the proposals may, within the period of two months beginning with the date of publication of the proposals, be submitted to the authority by any of the following—

any ten or more local government electors for the authority’s area,

the governing body of any school affected by the proposals, and

any other local education authority concerned.

Within one month after the end of the period mentioned in sub-paragraph (1), the authority shall transmit to the Secretary of State copies of all objections made (and not withdrawn in writing) within that period, together with their observations on them.

Where the governing body are the admission authority, objections to the proposals may, within the period of two months beginning with the date of publication of the proposals, be submitted to the Secretary of State by any of the following—

any ten or more local government electors for the local education authority’s area,

the governing body of any school affected by the proposals, and

any local education authority concerned.

Order of Secretary of State

Subject to sub-paragraph (2), where an application is made to the Secretary of State for any such order reducing a standard number as is mentioned in paragraph 1, he may—

make an order reducing the standard number to the number proposed;

after consultation with both the local education authority and the governing body, make an order reducing the standard number to such number (greater than the number proposed) as he thinks desirable; or

refuse to make any order reducing the standard number.

The Secretary of State shall not make an order reducing the standard number unless he is satisfied that the reduction is necessary, having regard to any reduction in the school’s capacity to accommodate pupils as compared with its capacity at the beginning of the school year in which the current standard number first applied in relation to the age group in question (whether by virtue of section 15 of the Education Act 1980, section 27 of the Education Reform Act 1988 or sections 417 to 420 of this Act).

For the purposes of sub-paragraph (2) a school’s capacity to accommodate pupils is changed if—

as a result of changes in the availability or use of accommodation at the school, there is any change in the amount of accommodation available for use by pupils at the school; or

as a result of changes in the requirements applicable to the school under regulations made under section 542 there is any change in the number of pupils for whom accommodation may lawfully be provided at the school;

and a school’s capacity to accommodate pupils is reduced if the result of the changes is, in a case within paragraph (a), less accommodation or, in a case within paragraph (b), a reduction in the number there mentioned.

Consultation before making application

Where the local education authority are the admission authority for a county or voluntary school, they shall not make an application for an order under section 420(2) reducing any standard number applying to the school without first consulting the governing body.

Where the governing body are the admission authority for such a school, they shall not make such an application without first consulting the local education authority.

References to date of publication of proposals

References in this Schedule, in relation to proposals under paragraph 1, to the date of publication of the proposals are references—

to the date on which the requirements of regulations with respect to the publication of the proposals are satisfied; or

where different such requirements are satisfied on different dates, to the last of those dates.

Where any such requirement imposes a continuing obligation with respect to the publication of any such proposals, the requirement shall for the purposes of sub-paragraph (1) be taken to be satisfied on the first date in respect of which it is satisfied.

Constitution of appeal committees

Appeal arrangements made by local education authorities

An appeal pursuant to arrangements made by a local education authority under section 423(1) shall be to an appeal committee constituted in accordance with this paragraph.

An appeal committee shall consist of—

one person nominated by the authority from among persons who are eligible to be lay members; and

two, four or six other members nominated by the authority from among persons appointed by the authority under sub-paragraph (3).

The persons appointed by the authority under this sub-paragraph shall comprise—

members of the authority, and

persons who are not members of the authority but who have experience in education, are acquainted with the educational conditions in the area of the authority or are parents of registered pupils at a school,

but shall not include any person employed by the authority otherwise than as a teacher.

Sufficient persons may be appointed by the authority under sub-paragraph (3) to enable two or more appeal committees to sit at the same time.

The authority shall not nominate a person under sub-paragraph (2)(a) if he is a member of the authority or is employed by them.

The members of an appeal committee who are members of the authority shall not outnumber the others.

A person who is a member of the authority or employed by the authority shall not be chairman of an appeal committee.

A person shall not be a member of an appeal committee for the consideration of an appeal against a decision if he was among those who made the decision or took part in discussions as to whether the decision should be made.

A person who is a teacher at a school shall not be a member of an appeal committee for the consideration of an appeal involving a question whether a child is to be admitted to that school.

Appeal arrangements made by governing bodies

An appeal pursuant to arrangements made by the governing body of an aided or a special agreement school under section 423(2) shall be to an appeal committee constituted in accordance with this paragraph.

An appeal committee shall consist of—

one person nominated by the governing body from among persons who are eligible to be lay members; and

two, four or six other members nominated by the governing body from among persons appointed by them under sub-paragraph (3).

The persons appointed by the governing body under this sub-paragraph—

may include one or more of the governors,

shall include persons appointed from a list drawn up by the local education authority by whom the school is maintained, and

shall not include any person employed by the authority otherwise than as a teacher.

Sufficient persons may be appointed by the governing body under sub-paragraph (3) to enable two or more appeal committees to sit at the same time.

Of the members of an appeal committee—

three shall be nominated from among those mentioned in sub-paragraph (3)(b) in the case of a committee consisting of seven members;

two shall be so nominated in the case of a committee consisting of five members; and

one shall be so nominated in the case of a committee consisting of three members.

The governing body shall not nominate under sub-paragraph (2)(a) a person who falls within sub-paragraph (3)(a) or (b) or is employed by the local education authority by whom the school is maintained.

None of the governors shall be chairman of an appeal committee.

A person who is a teacher at a school shall not be a member of an appeal committee for the consideration of an appeal involving a question whether a child is to be admitted to that school.

Where (by virtue of section 423(3)) joint arrangements are made under section 423(2) by the governing bodies of two or more schools, paragraph 2 shall apply as if any reference to the governing 0body or to the governors were a reference to the governing bodies or (as the case may be) the governors of both or all the schools; and an appeal pursuant to such joint arrangements shall be to an appeal committee constituted in accordance with paragraph 2 as it so applies.

An appeal committee constituted in accordance with paragraph 2 (or in accordance with that paragraph as it applies by virtue of paragraph 3)—

shall be included in the bodies to which section 174 of the Local Government Act 1972 (travelling and subsistence allowances) applies; and

for the purpose of the payment of financial loss allowance under section 173(4) of that Act to members of the committee, shall be included among the bodies to which section 173 applies.

Lay members

A person is eligible to be a lay member for the purposes of paragraphs 1(2)(a) and 2(2)(a) if—

he satisfies the conditions specified in sub-paragraph (2).

Those conditions are—

in the case of a person to be nominated as a lay member for the purposes of paragraph 1(2)(a), that he does not have, and has not at any time had, any connection with—

the local education authority in question, or

any person who is a member of, or employed by, that authority,

of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the authority, and

in the case of a person to be nominated as a lay member for the purposes of paragraph 2(2)(a), that he does not have, and has not at any time had, any connection with—

the school in question, or

any person who is a member of, or employed by, the governing body of that school,

of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the school.

The Secretary of State may by regulations require any local education authority or governing body who are required by section 423(1) or (2) to make arrangements under that provision—

to advertise, in such manner and at such times as may be prescribed, for persons eligible to be lay members of any appeal committee required to be constituted for the purposes of such arrangements to apply to the authority or body for appointment as such members, and

in appointing persons as such members, to consider any persons eligible to be so appointed who have applied to the authority or body in response to an advertisement placed in pursuance of sub-paragraph (a) above.

Indemnity

Any local education authority or governing body required to make arrangements under section 423(1) or (2) shall indemnify the members of any appeal committee required to be constituted for the purposes of those arrangements against any reasonable legal costs and expenses reasonably incurred by those members in connection with any decision or action taken by them in good faith in pursuance of their functions as members of that committee.

Procedure

In this Part “appeal” means an appeal pursuant to any arrangements made under section 423.

An appeal shall be by notice in writing setting out the grounds on which it is made.

An appeal committee shall give the appellant an opportunity of appearing and making oral representations, and may allow him to be accompanied by a friend or to be represented.

The matters to be taken into account by an appeal committee in considering an appeal shall include—

any preference expressed by the appellant in respect of the child as mentioned in section 411, and

the arrangements for the admission of pupils published by the local education authority or the governing body under section 414.

Appeals shall be heard in private except when the local education authority or governing body (or bodies) by whom the arrangements under section 423 are made direct otherwise.

Without prejudice to any of the other provisions of this Schedule—

a member of the local education authority may attend, as an observer, any hearing of an appeal by an appeal committee constituted in accordance with paragraph 1; and

a member of the Council on Tribunals may attend as an observer any meeting of any appeal committee at which an appeal is considered.

The decision of an appeal committee and the grounds on which it is made shall be communicated by the committee in writing to—

the appellant and the local education authority, and

in the case of an appeal to an appeal committee constituted in accordance with paragraph 2 (or in accordance with that paragraph as it applies by virtue of paragraph 3), to the governing body by whom or on whose behalf the decision appealed against was made.

Subject to paragraphs 9 to 14, all matters relating to the procedure on appeals, including the time within which they are to be brought, shall be determined by the local education authority or governing body (or bodies) by whom the arrangements under section 423 are made.

Neither section 106 of the Local Government Act 1972 nor paragraph 44 of Schedule 12 to that Act (procedure of committees of local authorities) shall apply to an appeal committee constituted in accordance with paragraph 1.

Duty to notify governing body of decision to admit child

Where any such decision as is mentioned in section 423A(2) is made by or on behalf of a local education authority, the authority shall give the governing body of the school notice in writing—

of that decision; and

of the governing body’s right to appeal against the decision in accordance with paragraph 2.

Time limit on appealing

An appeal by the governing body against any such decision must be made not later than the 15th school day after the day on which they are given the notice under paragraph 1.

Appeal committees

Subject to sub-paragraphs (2) and (3) below, paragraphs 1, 5, 6 and 7 of Schedule 33 (school admission appeals) shall have effect in relation to appeals under section 423A(2) as they have effect in relation to appeals under section 423(1).

A person shall not be a member of an appeal committee for the consideration of an appeal under section 423A(2) if he has to any extent been involved in any previous consideration of the question whether the child in question should or should not be reinstated at any school from which he has at any time been permanently excluded, or in any previous appeal relating to the child under section 423A(2).

A person shall not be eligible to be a lay member for the purposes of paragraph 1(2)(a) of Schedule 33 (as it applies in accordance with this paragraph) unless he satisfies the condition set out in paragraph (b) of paragraph 5(2) of that Schedule as well as that set out in paragraph (a) of that provision.

In this paragraph “appeal committee” means an appeal committee constituted in accordance with Part I of Schedule 33, as it applies in accordance with this paragraph.

Procedure on an appeal

In the following provisions of this Schedule—

“appeal” means an appeal under section 423A(2); and

“appeal committee” means such an appeal committee as is mentioned in paragraph 3(4) above.

An appeal shall be by notice in writing setting out the grounds on which it is made.

The appeal committee shall meet to consider an appeal—

within the period ending with the 15th school day after the day on which the appeal is lodged, or

if the local education authority have determined a shorter period, within that period.

On an appeal the committee shall allow—

the local education authority and the governing body to make written representations;

an officer of the authority nominated by the authority, and a governor nominated by the governing body, to appear and make oral representations; and

the governing body to be represented.

In considering an appeal the appeal committee shall have regard to—

the reasons for the local education authority’s decision that the child in question should be admitted; and

any reasons put forward by the governing body as to why the child’s admission would be inappropriate.

Appeals shall be heard in private except when otherwise directed by the local education authority, but any member of the local education authority or of the Council on Tribunals may attend, as an observer, any meeting of an appeal committee at which an appeal is considered.

The decision of an appeal committee and the grounds on which it is made shall be communicated by the committee in writing to—

the local education authority, and

the governing body making the appeal,

within the period ending with the 17th school day after the day on which the appeal is lodged.

Subject to paragraphs 5 to 12, all matters relating to the procedure on appeals shall be determined by the local education authority.

Neither section 106 of the Local Government Act 1972 nor paragraph 44 of Schedule 12 to that Act (procedure of committees of local authorities) shall apply to an appeal committee.

Power of Secretary of State to make amendments

The Secretary of State may by order amend the preceding provisions of this Schedule.

Home-school partnership documents

The admission arrangements for a grant-maintained school may include provisions—

setting out the terms of a partnership document for the school and the parental declaration to be used in connection with the document;

making it a condition of the admission of every child to the school that his parent gives the governing body a signed parental declaration either—

at the time of applying for a place at the school for the child, or

if the child is allocated a conditional place, within such period as is specified in the arrangements; and

authorising the governing body to dispense with that condition to any extent in the case of a particular child where they are satisfied that there are special reasons for doing so.

For the purposes of this paragraph and paragraph 2 a “partnership document” is a statement specifying—

the school’s aims and values;

the responsibilities which the school intends to discharge in connection with the education of children admitted to the school; and

the parental responsibilities, that is the responsibilities which the parents of such children are expected to discharge in connection with the education of their children while they are registered pupils at the school;

and “parental declaration” means a declaration to be signed by a parent seeking the admission of his child to the school by which he acknowledges and accepts the parental responsibilities specified in the partnership document.

In determining the provisions to be included in the admission arrangements for a school in pursuance of sub-paragraph (1), the governing body shall have regard to any guidance given from time to time by the Secretary of State.

The Secretary of State may by order provide that any form of words specified in the order, or having such effect as is so specified, is not to be used in a partnership document or (as the case may be) in a parental declaration.

An order under sub-paragraph (4) may apply to any school or description of school specified in the order.

In this paragraph and paragraph 2—

“admission arrangements”, in relation to a school, means the arrangements for the admission of pupils to the school; and

“conditional place”, in relation to a child, means a place which is conditional on the child’s parent giving the governing body a signed parental declaration.

Effect of home-school partnership document

This paragraph applies where the admission arrangements for a grant-maintained school include the provisions authorised by paragraph 1(1).

The governing body shall, in the case of each child on behalf of whom an application for admission is made, notify his parent of the following matters, namely—

the terms of the partnership document and the parental declaration, and

the effect of the provisions of the admission arrangements authorised by paragraph 1(1)(b) and (c).

Where sub-paragraph (2) has been complied with in relation to a child’s parent but—

the parent has failed to comply with the condition referred to in paragraph 1(1)(b), and

the governing body are not satisfied that there are special reasons for dispensing with that condition to the required extent in the case of that child,

the governing body shall not be under any duty to admit the child to the school; and, if he has been allocated a conditional place, the allocation of that place may be cancelled.

In sub-paragraph (3) the reference to dispensing with the condition mentioned in that sub-paragraph “to the required extent”—

is, where the parent gives the governing body a signed parental declaration in relation to some but not the remainder of the parental responsibilities, a reference to dispensing with that condition so far as the remainder of those responsibilities are concerned; but

is otherwise a reference to wholly dispensing with that condition.

In performing any function under this paragraph the governing body shall have regard to any guidance given from time to time by the Secretary of State.

A partnership document shall not be capable of creating any obligation in respect of whose breach any liability arises in contract or in tort.

Restriction of right to refuse admission to partially-selective school

An application for the admission of a child to a grant-maintained school may not be refused on the grounds that his admission would be incompatible with the school’s selective admission arrangements unless those arrangements—

are wholly based on selection by reference to ability or aptitude, and

are so based with a view to admitting only pupils with high ability or with aptitude.

For the purposes of this paragraph a school has selective admission arrangements if the arrangements for the admission of pupils to the school are to any extent based on selection by reference to ability or aptitude.

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

The governing body of a grant-maintained school shall not be under any duty to admit to the school any child to whom sub-paragraph (3) applies.

The governing body of such a school shall not be under any duty to make arrangements for enabling any person to appeal against a decision refusing a child admission to the school in a case where, at the time when the decision is made, sub-paragraph (3) applies to the child.

Where a child has been permanently excluded from two or more schools, this sub-paragraph applies to him during the period of two years beginning with the date on which the latest of those exclusions took effect.

Sub-paragraph (3) 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.

However, a child shall not be regarded as permanently excluded from a school for the purposes of this paragraph if—

although so excluded he was reinstated as a pupil at the school following the giving of a direction to that effect to the head teacher of the school; or

he was so excluded at a time when he had not attained compulsory school age.

In this paragraph “school” means—

a school maintained by a local education authority; or

a grant-maintained or grant-maintained special school.

This paragraph does not apply in relation to a child unless at least one of the two or more exclusions mentioned in sub-paragraph (3) took effect on or after the date of the coming into force of section 14 of the Education Act 1997.

For the purposes of this paragraph 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.

Section 476.

Independent Schools Tribunals

...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

A participation agreement shall provide that it may be terminated in accordance with this Schedule.

A participation agreement shall not be capable of being terminated by either party otherwise than in accordance with this Schedule.

The proprietors of the school may terminate a participation agreement by giving three years’ written notice to the Secretary of State or such shorter notice as he may in any particular case accept.

Subject to paragraph 4, the Secretary of State may terminate a participation agreement by giving three years’ written notice to the proprietors of the school.

If in the case of a participation agreement the Secretary of State—

is satisfied that any condition applying to the school under the agreement or by virtue of regulations made under section 480 has been contravened, or

is not satisfied that appropriate educational standards are being maintained at the school, or

is not satisfied that section 550 (which provides that a person is not to be refused education at a school because section 548 would prevent his being given corporal punishment) is being complied with in relation to the school,

he may at any time terminate the agreement by written notice to the proprietors of the school.

A notice of termination given under this paragraph may provide that it shall be treated as of no effect if the proprietors of the school satisfy the Secretary of State within such time as may be specified in the notice that they have complied with any condition so specified.

A notice of termination given under paragraph 3 or 4 shall contain a statement of the reason for which it is given.

The termination of a participation agreement shall not affect the operation of the agreement or of the assisted places scheme (including any regulations made under section 480) in relation to any pupil holding an assisted place at the school on the date of the termination.

Academies: land

Transfer schemes

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on disposal

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on appropriation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to inform

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Former Academies

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disapplication of rule against perpetuities

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other Acts

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Class consents

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 508B

Meaning of “eligible child” for purposes of section 508B

For the purposes of section 508B (travel arrangements for eligible children) an “eligible child” means a child who falls within any of paragraphs 2 to 7 or 9 to 13.

Children with special educational needs, a disability or mobility problems

A child falls within this paragraph if—

he is of compulsory school age and is any of the following—

a child with special educational needs;

a disabled child;

a child with mobility problems,

he is a registered pupil at a qualifying school which is within walking distance of his home,

no suitable arrangements have been made by the local authority for enabling him to become a registered pupil at a qualifying school nearer to his home, and

having regard to whichever of the following are relevant—

his special educational needs;

his disability;

his mobility problems,

he cannot reasonably be expected to walk to the school mentioned in paragraph (b).

A child falls within this paragraph if—

he is of compulsory school age and is any of the following—

a child with special educational needs;

a disabled child;

a child with mobility problems,

he is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1), and

having regard to whichever of the following are relevant—

his special educational needs;

his disability;

his mobility problems,

he cannot reasonably be expected to walk to that place.

Children who cannot reasonably be expected to walk because of nature of routes

A child falls within this paragraph if—

he is of compulsory school age and is a registered pupil at a qualifying school which is within walking distance of his home,

no suitable arrangements have been made by the local authority for enabling him to become a registered pupil at a qualifying school nearer to his home, and

having regard to the nature of the routes which he could reasonably be expected to take, he cannot reasonably be expected to walk to the school mentioned in paragraph (a).

A child falls within this paragraph if—

he is of compulsory school age and is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1), and

having regard to the nature of the routes which he could reasonably be expected to take, he cannot reasonably be expected to walk to that place.

Children outside walking distance where no suitable alternative arrangements made

A child falls within this paragraph if—

he is of compulsory school age and is a registered pupil at a qualifying school which is not within walking distance of his home,

no suitable arrangements have been made by the local authority for boarding accommodation for him at or near the school, and

no suitable arrangements have been made by the local authority for enabling him to become a registered pupil at a qualifying school nearer to his home.

A child falls within this paragraph if—

he is of compulsory school age and is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1),

that place is not within walking distance of his home,

no suitable arrangements have been made by the local authority for boarding accommodation for him at or near that place, and

no suitable arrangements have been made by the local authority for enabling him to become a registered pupil at a qualifying school nearer to his home.

Where—

a child of compulsory school age has been excluded from a relevant school,

he remains for the time being a registered pupil at the school, and

the appropriate authority for the school has made arrangements for the provision of full-time education for him otherwise than at the school or at his home during the period of exclusion,

paragraph 6 has effect as if the place at which the education is provided were a qualifying school and the child were a registered pupil at that school (and not at the school mentioned in paragraph (b)).

For the purposes of sub-paragraph (1)—

“relevant school” and “appropriate authority” have the same meaning as in section 444ZA (application of section 444 to alternative educational provision), and

in relation to a maintained school or a pupil referral unit, references in that sub-paragraph to exclusion are references to exclusion under section 51A of the Education Act 2002.

Children entitled to free school meals etc

A child falls within this paragraph if—

he has attained the age of 8 but not the age of 11,

he is a registered pupil at a qualifying school which is more than two miles from his home,

no suitable arrangements have been made by the local authority for enabling him to become a registered pupil at a qualifying school nearer to his home, and

the appropriate condition is met in relation to him.

A child falls within this paragraph if—

he has attained the age of 8 but not the age of 11,

he is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1),

that place is more than two miles from his home, and

the appropriate condition is met in relation to him.

A child falls within this paragraph if—

he has attained the age of 11,

he is a registered pupil at a qualifying school which is more than two miles, but not more than six miles, from his home,

there are not three or more suitable qualifying schools which are nearer to his home, and

the appropriate condition is met in relation to him.

A child falls within this paragraph if—

he has attained the age of 11,

he is a registered pupil at a qualifying school which is more than two miles, but not more than fifteen miles, from his home,

his parent has expressed a wish, based on the parent's religion or belief, for him to be provided with education at that school,

having regard to the religion or belief on which the parent's wish is based, there is no suitable qualifying school which is nearer to the child's home, and

the appropriate condition is met in relation to him.

A child falls within this paragraph if—

he has attained the age of 11,

he is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1),

that place is more than two miles, but not more than six miles, from his home, and

the appropriate condition is met in relation to him.

For the purposes of paragraphs 9 to 13, the appropriate condition is met in relation to a child if condition A or condition B is met.

Condition A is met if the child is within section 512ZB(4) (provision of free school lunches and milk).

Condition B is met if—

a parent of the child, with whom the child is ordinarily resident, is a person to whom working tax credit is awarded, and

the award is at the rate which is the maximum rate for the parent's case or, in the case of an award to him jointly with another, at the rate which is the maximum rate for their case.

Meaning of “qualifying school” etc

The definitions in sub-paragraphs (2) to (5) apply for the purposes of this Schedule.

“Qualifying school” in relation to a child means—

a community, foundation or voluntary school,

a community or foundation special school,

a school approved under section 342 (non-maintained special schools),

a pupil referral unit,

a maintained nursery school, or

a city technology college, a city college for the technology of the arts, an Academy school or an alternative provision Academy.

In relation to a child with special educational needs, an independent school, other than a college or Academy falling within sub-paragraph (2)(f), is also a “qualifying school” if—

it is the only school named in the EHC plan maintained for the child, or

it is one of two or more schools named in that plan and of those schools it is the nearer or nearest to the child's home.

“Disabled child” means a child who has a disability for the purposes of the Equality Act 2010 , and “disability” is to be construed accordingly.

“Walking distance” has the meaning given by section 444(5).

“Religion” and “belief” are to be read in accordance with section 509AD(3).

In the case of a child who is a registered pupil at both a pupil referral unit and at a school other than a unit, references in this Schedule to the school at which he is a registered pupil are to be read as references to the unit.

Section 508E

School Travel Schemes

Power to make scheme

A local authority in England may make a school travel scheme for their area.

Before making a school travel scheme, a local authority must consult such persons as the authority consider appropriate.

Arrangements to be included in scheme

A school travel scheme must set out (in general terms) what arrangements in connection with the attendance of children in the authority's area receiving education—

at schools,

at any institution within the further education sector, or

at any other place by virtue of arrangements made in pursuance of section 19(1),

the scheme authority consider it appropriate to be made in relation to travel to and from such places.

Those arrangements are to be either or both of the following—

arrangements to be made by the authority;

arrangements to be made by any other persons.

A school travel scheme may include travel arrangements of any description and may, in particular, include—

arrangements for the provision of transport;

any of the following arrangements only if made with the relevant parental consent—

arrangements for the provision of one or more persons to escort a child (whether alone or together with other children) when travelling to or from any of the places mentioned in any of paragraphs (a) to (c) of sub-paragraph (1);

arrangements for the payment of the whole or any part of a person's reasonable travelling expenses;

arrangements for the payment of allowances in respect of the use of particular modes of travel;

arrangements to facilitate or promote the use of particular modes of travel.

The reference in sub-paragraph (3) to the relevant parental consent is to the consent of a parent of each child in relation to whom the arrangements in question are made.

A school travel scheme must require that if any arrangements set out in the scheme involve arrangements to be made by any person other than the scheme authority and those arrangements—

are not made by that person or by any other persons, or

are so made but are not given effect to in compliance with the requirements of the scheme,

the scheme authority must make suitable alternative arrangements.

Travel arrangements for “eligible children”

A school travel scheme must require that, in the case of an eligible child in the scheme authority's area to whom sub-paragraph (2) applies, the authority must make such travel arrangements as they consider necessary in order to secure that suitable home to school travel arrangements, for the purpose of facilitating the child's attendance at the relevant educational establishment in relation to him, are made in relation to the child.

This sub-paragraph applies to an eligible child if—

no travel arrangements relating to travel in either direction between his home and the relevant educational establishment in relation to him, or in both directions, are provided in relation to him by any person who is not the scheme authority, or

such travel arrangements are provided in relation to him by any person who is not the scheme authority but those arrangements, taken together with any other such travel arrangements which are so provided, do not provide suitable home to school travel arrangements for the purpose of facilitating his attendance at the relevant educational establishment in relation to him.

“Travel arrangements”, in relation to an eligible child, are travel arrangements of any description and include—

arrangements for the provision of transport, and

any of the following arrangements only if they are made with the consent of a parent of the child—

arrangements for the payment of the whole or any part of a person's reasonable travelling expenses;

arrangements for the payment of allowances in respect of the use of particular modes of travel.

Regulations may modify sub-paragraphs (1) and (2) to provide for their application in cases where there is more than one relevant educational establishment in relation to a child.

For the purposes of paragraph 3, an “eligible child” is a child who falls within any of the following paragraphs of Schedule 35B—

paragraph 2 or 3 (children of compulsory school age with special educational needs, a disability or mobility problems);

paragraph 4 or 5 (children of compulsory school age who cannot reasonably be expected to walk because of the nature of the routes);

paragraph 6 or 7 (children of compulsory school age who live outside walking distance and for whom no suitable alternative arrangements are made);

paragraph 9, 10, 11, 12 or 13 (children aged 8 or over who are entitled to free school meals etc).

References in paragraph 3 to the “relevant educational establishment”, in relation to an eligible child, are references to—

in the case of a child who is an eligible child by virtue of falling within any of paragraphs 2, 4, 6, 9, 11 and 12 of Schedule 35B, the qualifying school at which the child is a registered pupil referred to in the paragraph in question, and

Charges

A school travel scheme must set out the policy applicable to charging in relation to anything provided in pursuance of the scheme.

The policy to be set out under sub-paragraph (1) must include provision to the effect that anything provided in pursuance of the scheme for a protected child is provided free of charge.

The policy to be set out under sub-paragraph (1) must include provision to the effect mentioned in sub-paragraph (3) of paragraph 7 in relation to any child falling within sub-paragraph (1) or (2) of that paragraph.

For the purposes of paragraph 5, a “protected child” is a child of compulsory school age in the scheme authority's area who falls within any of sub-paragraphs (2) to (4).

A child falls within this sub-paragraph if he is a child falling within any of the following paragraphs of Schedule 35B—

paragraph 2 or 3 (children of compulsory school age with special educational needs, a disability or mobility problems);

paragraph 4 or 5 (children of compulsory school age who cannot reasonably be expected to walk because of nature of routes).

A child falls within this sub-paragraph if he is within section 512ZB(4) (provision of free school lunches and milk).

A child falls within this sub-paragraph if—

a parent of the child, with whom the child is ordinarily resident, is a person to whom working tax credit is awarded, and

the award is at the rate which is the maximum rate for the parent's case or, in the case of an award to him jointly with another, at the rate which is the maximum rate for their case.

For the purposes of paragraph 5(3), a child falls within this sub-paragraph if—

he is of compulsory school age and is any of the following—

a child with special educational needs;

a disabled child;

a child with mobility problems,

he is a registered pupil at a qualifying school which is not within walking distance of his home, and

no suitable arrangements have been made by the local authority for enabling him to become a registered pupil at a qualifying school nearer to his home.

For the purposes of paragraph 5(3), a child falls within this sub-paragraph if—

he is of compulsory school age and is any of the following—

a child with special educational needs;

a disabled child;

a child with mobility problems,

he is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1), and

that place is not within walking distance of his home.

The effect referred to in paragraph 5(3) is that the amount payable in respect of anything provided in pursuance of the scheme for a child falling within sub-paragraph (1) or (2) is not to exceed the amount (if any) which would be payable under the scheme if—

he were a child who is not a child with special educational needs, a disabled child or a child with mobility problems,

in the case of a child falling within sub-paragraph (1), he were registered as a pupil at his nearest qualifying school, and

he took full advantage of any arrangements under the scheme for the provision of transport for persons of his description.

In sub-paragraph (3)(b), the reference to the child's nearest qualifying school is to whichever of the following is the nearest to his home to provide education for persons of his age who are not children with special educational needs, disabled children or children with mobility problems—

a community school,

a foundation school,

a voluntary school,

an Academy,

a city technology college, and

a city college for the technology of the arts.

Any sum payable in respect of a charge for anything provided by the scheme authority in pursuance of arrangements made by that authority in pursuance of a school travel scheme is to be recoverable summarily as a civil debt.

This paragraph applies if a school travel scheme will give rise to any need to incur expenditure in order for a child to take advantage of anything provided for him in pursuance of the scheme.

The scheme must include provision for any expenditure that needs to be incurred for the purpose mentioned in sub-paragraph (1) in the case of a protected child to be met by the scheme authority.

“Protected child” has the meaning given for the purposes of paragraph 5.

Commencement of scheme

A school travel scheme is not to come into force unless approved by the Secretary of State.

A school travel scheme which has been approved by the Secretary of State is to come into force in accordance with directions given by the Secretary of State.

The earliest date on which a school travel scheme may come into force is 31 August 2007.

Amendment or revocation of scheme

The scheme authority may amend or revoke a school travel scheme.

Before amending a school travel scheme, the scheme authority must consult such persons as they consider appropriate.

The power of amendment under sub-paragraph (1) is exercisable only with the consent of the Secretary of State.

The Secretary of State may consent to the exercise of the power of amendment under sub-paragraph (1) on an application by the scheme authority specifying the proposed exercise of the power.

If on an application under sub-paragraph (4) the Secretary of State consents to the exercise of the power of amendment under sub-paragraph (1), the scheme authority must exercise the power accordingly.

Any amendment under this paragraph is to come into force in accordance with directions given by the Secretary of State.

Provision of information

The scheme authority must—

make such reports and returns to the Secretary of State, and

compile and give to the Secretary of State such information,

as the Secretary of State may require for any of the purposes mentioned in sub-paragraph (2).

Those purposes are—

the purpose of monitoring the operation or effect of a school travel scheme approved under this Schedule;

the purpose of preparing or publishing an evaluation under section 80 of the Education and Inspections Act 2006.

Guidance

The Secretary of State must issue, and may from time to time revise, guidance as to the matters which he will take into account in exercising his power under paragraph 10(1) or 11(3).

Before issuing or revising guidance under sub-paragraph (1), the Secretary of State must consult such persons as he considers appropriate.

Interpretation

In this Schedule—

“disabled child” means a child who has a disability for the purposes of the Equality Act 2010 , and “disability” is to be construed accordingly;

“qualifying school” has the same meaning as it has for the purposes of Schedule 35B;

“scheme authority”, in relation to a school travel scheme, means the local authority by which the scheme is made;

“walking distance” has the meaning given by section 444(5).

Section 557.

Uniform statutory trusts for educational endowments

The trustees may, after payment of any expenses incurred in connection with the administration of the trust, apply the capital and income of the relevant trust assets for any of the following purposes—

in or towards the purchase of a site for, or the erection, improvement or enlargement of, the premises of any relevant school in the area,

for the maintenance of any relevant school in the area;

in or towards the purchase of a site for, or the erection, improvement or enlargement of, the premises of a teacher’s house for use in connection with any relevant school in the area; and

for the maintenance of a teacher’s house for use in connection with any relevant school in the area.

The trustees may also, after payment of any expenses incurred in connection with the administration of the trust, apply the income of the relevant trust assets for any of the following purposes—

in or towards the provision of advice, guidance and resources (including materials) in connection with any matter related to the management of, or education provided at, any relevant school in the area;

the provision of services for the carrying out of any inspection of any relevant school in the area required by Part 1 of the Education Act 2005 ; and

to defray the cost of employing or engaging staff in connection with—

the application of income of the relevant trust assets for either of the purposes referred to in sub-paragraphs (a) and (b) above, or

the application of capital or income of the relevant trust assets for any of the purposes referred to in paragraph 1 above.

Education functions

Functions conferred on a local authority under the Education Acts (as defined in section 578).

Functions conferred on a local authority under the enactments specified in the first column of the table below (being the functions which are described in general terms in the second column of that table).

Enactment

Nature of functions

Children and Young Persons Act 1933 (c. 12)

Section 18

Making of byelaws relating to the employment of children.

Superannuation Act 1972 (c. 11)

Section 9(5A)

Payment of injury benefit to or in respect of teachers.

Employment and Training Act 1973 (c. 50)

Sections 10 and 10A

Powers and duties relating to careers services

Section 12

Duty to provide information to the Secretary of State.

. . .

Public Passenger Vehicles Act 1981 (c. 14)

Section 46

Power to use a school bus to carry fare-paying passengers.

Representation of the People Act 1983(c.2)

Paragraph 2 of Schedule 5

Duty to prepare and revise lists of rooms in school premises which candidates may use.

Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

Section 5(1) to (4), (6) and (8)

Duty to require the appropriate officer to give an opinion as to whether a child with an EHC plan or a statement is disabled.

Children Act 1989 (c. 41)

Section 36 and Part 3 of Schedule 3 (except paragraph 19(2))

Education supervision orders.

. . .

Learning and Skills Act 2000(c. 21)

Section 33J

Duty to assist the Commission for Tertiary Education and Research in planning the local curriculum.

Section 33K

Duty relating to delivery of local curriculum and joint working (in Wales).

Section 33L

Duty to have regard to guidance and comply with directions relating to section 33K.

. . .

Sections 96, 101 ...

Duties as an “authorised body” relating to qualifications (in England).

Sections 123 to 125 and 128

Support services for 11 to 25 years olds: Wales.

. . .

Section 140(5)

Duty to send copy of a statement of special educational needs to the Welsh Ministers if requested.

. . .

Local Government Act 2000(c. 22)

Paragraphs 7, 8 and 9 of Schedule 1

Duty to include certain persons on overview and scrutiny committee if it relates to education functions.

Nationality, Immigration and Asylum Act 2002 (c. 41)

Section 37

Powers and duties relating to education of a child in an accommodation centre.

Anti-social Behaviour Act 2003(c. 38)

Sections 19, 20, 21 and 22A

Powers and duties relating to parenting orders and parenting contracts.

National Health Service Act 2006 (c. 41 )

Paragraph 5 of Schedule 1

Duty to make available to the Secretary of State appropriate accommodation for enabling the Secretary of State to arrange for medical inspections in schools.

National Health Service (Wales) Act 2006 (c. 42)

Paragraph 5 of Schedule 1

Duty to make available to the Welsh Ministers appropriate accommodation for enabling them to arrange for medical inspections in schools.

Equality Act 2010 (c. 15)

Section 29(7) in its application to a local authority’s functions under the Education Acts

Duty to make reasonable adjustments for disabled persons.

Section 85(6)

Duty (as responsible body) to make reasonable adjustments for disabled pupils.

Section 92(6)

Duty (as responsible body) to make reasonable adjustments for disabled persons in further and higher education.

Section 93(6)

Duty (as responsible body) to make reasonable adjustments for disabled persons in the provision of recreational or training facilities.

paragraph 1 of Schedule 10

Duty to prepare and implement accessibility strategy.

paragraph 3 of Schedule 10

Duty (as responsible body) to prepare and implement an accessibility plan.

Section 582(1).

Consequential amendments

Amendments coming into force on 1st November 1996

Children and Young Persons Act 1933 (c. 12)

Section 96 of the Children and Young Persons Act 1933 (provisions as to local authorities) shall continue to have effect with the following amendments (originally made by Schedule 8 to the Education Act 1944)—

in subsection (3), for the words from “for elementary education” onwards there is substituted “ shall be defrayed as expenses under the enactments relating to education ”; and

in subsection (4), for the second “under” there is substituted “in accordance with”.

Public Records Act 1958 (c. 51)

Curriculum and Assessment Authority for Wales

Funding Agency for Schools

School Curriculum and Assessment Authority

Schools Funding Council for Wales

Church Schools (Assistance by Church Commissioners) Measure 1958 (1958 No. 2)

In section 2(1) of the Church Schools (Assistance by Church Commissioners) Measure 1958 (interpretation) for “the Education Acts, 1944 to 1993” there is substituted “ the Education Act 1996 ” .

Education Act 1962 (c. 12)

Section 1 of the Education Act 1962 (local authority awards for designated courses) shall continue to have effect with the following amendment (originally made by section 4 of the Education (Grants and Awards) Act 1984).

In subsection (3)(d), for the words from “for the higher diploma” onwards there is substituted “ or for the higher national diploma of the body corporate known at the passing of the Education (Grants and Awards) Act 1984 as the Business & Technician Education Council. ”

In section 3(c)(i) of that Act (awards by Secretary of State) for “section 100 of the Education Act 1944” there is substituted “ section 485 of the Education Act 1996 ”.

This Act shall be construed as one with the Education Act 1996.

In paragraph 2 of Schedule 1 to that Act (ordinary residence) for “section 31(3) of the Education Act 1980” there is substituted “ the Education Act 1996 in accordance with regulations made under section 579(4) of that Act. ”

London Government Act 1963 (c. 33)

In section 30(1) of the London Government Act 1963 (local authorities) for “the Education Acts 1944 to 1962 or in any other Act” there is substituted “ any Act ”.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Children and Young Persons Act 1963 (c. 37)

In section 37(3) of the Children and Young Persons Act 1963 (exceptions to restriction on persons under 16 taking part in public performances etc.) for “the Education Act 1944” there is substituted “ the Education Act 1996 ”.

In section 38 of that Act (restriction on licences for performances by children under 13)—

in subsection (1) for “thirteen” there is substituted “ fourteen ”;

subsection (2) is omitted; and

in the sidenote, for “13” there is substituted “ 14 ”.

Veterinary Surgeons Act 1966 (c. 36)

In Schedule 3 to the Veterinary Surgeons Act 1966 (exemptions from restrictions on practice of veterinary surgery), in the definition of “recognised institution” following paragraph 5, for “the Education Act 1944” there is substituted “ the Education Act 1996 ”.

Education Act 1967 (c. 3)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public Expenditure and Receipts Act 1968 (c. 14)

In Schedule 3 to the Public Expenditure and Receipts Act 1968 (variation of fees, etc.) for “The Education Act 1944 (c.31) section 94” there is substituted “ The Education Act 1996 (c.56) section 564 ”.

Children and Young Persons Act 1969 (c. 54)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Authorities (Goods and Services) Act 1970 (c. 39)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Authority Social Services Act 1970 (c. 42)

Education Act 1996.

Section 322....................

Help for local authority in exercising functions under Part IV of the Act.

Chronically Sick and Disabled Persons Act 1970 (c. 44)

In section 8(2) of the Chronically Sick and Disabled Persons Act 1970 (access to and facilities at university and school buildings) for the words from “and expressions used” onwards there is substituted “ and expressions used in paragraph (b) above and in the Education Act 1996 have the same meanings as in that Act. ”

Pensions (Increase) Act 1971 (c. 56)

In Part II of Schedule 2 to the Pensions (Increase) Act 1971 (official pensions payable out of local funds), in paragraph 57, for “the Education Act 1944” there is substituted “ the Education Act 1996. ”

Superannuation Act 1972 (c. 11)

Schedule 1 to the Superannuation Act 1972 shall continue—

to include . . . and the entries relating to the Funding Agency for Schools and the Schools Funding Council for Wales (originally inserted by Schedule 19 to that Act); . . .

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Local Government Act 1972 (c. 70)

Section 104(2)(a) of the Local Government Act 1972 (teachers not disqualified for being members of committees) shall continue to have effect with the following amendment (originally made by Schedule 19 to the Education Act 1993).

For “for the purposes of the enactments relating to education” there is substituted “ wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as local authorities ”.

In section 112(4)(b) of that Act (appointment of staff) for “section 88 of the Education Act 1944” there is substituted “ section 532 of the Education Act 1996 ”.

In section 139(4) of that Act (acceptance of gifts of property) for “the Education Acts 1944 to 1971” there is substituted “ the Education Act 1996 ”.

In section 177(1) of that Act (supplementary provisions as to allowances) for “paragraph 4 of Schedule 2 to the Education Act 1980” there is substituted “ paragraph 4 of Schedule 33 to the Education Act 1996 ”.

Fair Trading Act 1973 (c. 41)

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Local Government Act 1974 (c. 7)

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In section 31A(2) of that Act (consideration of adverse reports) for “paragraph 1 of Schedule 2 to the Education Act 1980” there is substituted “ paragraph 1 of Schedule 33 to the Education Act 1996 ”.

In paragraph 5(1) of Schedule 5 to that Act (matters not subject to investigation) for the words from “section 23” to “1986” there is substituted “ section 370 of the Education Act 1996 or section 17 of the Education (No.2) Act 1986 ”.

House of Commons Disqualification Act 1975 (c. 24)

Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices)—

shall be amended as provided in sub-paragraphs (2) and (3); and

shall continue to include the entries set out in sub-paragraph (4) (originally inserted by Schedule 19 to the Education Act 1993).

Any member of the Curriculum and Assessment Authority for Wales constituted under section 360 of the Education Act 1996 in receipt of remuneration

Any member of the School Curriculum and Assessment Authority constituted under section 358 of the Education Act 1996 in receipt of remuneration

Any member of an education association in receipt of remuneration

Any member of the Funding Agency for Schools in receipt of remuneration

Any member of the Schools Funding Council for Wales in receipt of remuneration

Sex Discrimination Act 1975 (c. 65)

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In Schedule 2 to that Act (transitional exemption orders for educational admissions)—

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Restrictive Trade Practices Act 1976 (c. 34)

In Schedule 1 to the Restrictive Trade Practices Act 1976 (services excluded from section 13), in paragraph 14, for “the Education Act 1944,” there is substituted “ the Education Act 1996, ”.

Race Relations Act 1976 (c. 74)

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National Health Service Act 1977 (c. 49)

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Education Act 1980 (c.20)

Section 38 of the Education Act 1980 (citation etc.) shall be amended as follows.

Subsections (2) and (4) to (6) are omitted.

This Act shall, in its application to England and Wales, be construed as one with the Education Act 1996.

In subsection (7), for the words from the beginning to “Northern Ireland;” there is substituted “ In this Act section 20 and this section extend to Northern Ireland, ”.

Education (Scotland) Act 1980 (c. 44)

Section 48A of the Education (Scotland) Act 1980 (corporal punishment) shall continue to have effect with the following amendments (originally made by section 294 of the Education Act 1993).

Where, in any proceedings, it is shown that corporal punishment has been given to a pupil by or on the authority of a member of the staff, giving the punishment cannot be justified if the punishment was inhuman or degrading.

In determining whether punishment is inhuman or degrading regard shall be had to all the circumstances of the case, including the reason for giving it, how soon after the event it is given, its nature, the manner and circumstances in which it is given, the persons involved and its mental and physical effects.

Subsection (1) above applies to a pupil

In subsection (8)(a) for “(5)(a)(iii)” there is substituted “ (5A)(a)(iii) ”.

Local Government, Planning and Land Act 1980 (c.65)

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Acquisition of Land Act 1981 (c. 67)

In section 1(2) of the Acquisition of Land Act 1981 (application of Act) for “section 90(1) of the Education Act 1944” there is substituted “ section 530(1) of the Education Act 1996 ”.

Section 17(4) of that Act (statutory undertakers) shall have effect with the following amendment instead of that made by section 11 of the Education Act 1993.

the Funding Agency for Schools,

the Schools Funding Council for Wales,

Greater London Council (General Powers) Act 1981 (c. xvii)

In section 16 of the Greater London Council (General Powers) Act 1981 (exemptions from Part IV)—

in paragraph (b) for “the Education Act 1944” there is substituted “ the Education Act 1996 ”; and

in paragraph (k) for “section 100(1)(b) of the said Act of 1944” there is substituted “ section 485 of the Education Act 1996 ”.

Agricultural Training Board Act 1982 (c. 9)

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Industrial Training Act 1982 (c. 10)

In this section “post-school education” means—

in England and Wales, “higher education” as defined by section 120(1) of the Education Reform Act 1988 or “further education” as defined by section 2(3) to (5) of the Education Act 1996; and

in Scotland, “further education” within the meaning of the Education (Scotland) Act 1980.

Local Government (Miscellaneous Provisions) Act 1982 (c. 30)

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Representation of the People Act 1983 (c. 2)

Paragraph 22 of Schedule 1 to the Representation of the People Act 1983 (use of schools for the purpose of taking a poll) shall continue to have effect with the following amendment (originally made by Schedule 19 to the Education Act 1993).

In sub-paragraph (1)(i), after “authority” there is inserted “ a grant-maintained school ”.

Education (Fees and Awards) Act 1983 (c. 40)

In section 1(4) of the Education (Fees and Awards) Act 1983 (fees at universities and further education establishments)—

for “section 100(1)(b) of the Education Act 1944” there is substituted “ section 485 of the Education Act 1996 ”; and

for “the Education Act 1944” there is substituted “ the 1996 Act ”.

Registered Homes Act 1984 (c. 23)

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Building Act 1984 (c. 55)

plans that have been approved by the Secretary of State,

particulars submitted and approved under section 39 or 44 of the Education Act 1996 or under regulations made under section 544 of that Act or section 218(7) of the Education Reform Act 1988,

particulars approved or adopted under section 214, 262 or 341 of the Education Act 1996, or

particulars given in a direction under section 428 of that Act.

Greater London Council (General Powers) Act 1984 (c. xxvii)

In section 10(2)(g) of the Greater London Council (General Powers) Act 1984 (buildings excepted from Part IV) for “section 100(1)(b) of the Education Act 1944” there is substituted “ section 485 of the Education Act 1996 ”.

Further Education Act 1985 (c. 47)

In section 8(3) (short title etc.) for “the Education Act 1944” there is substituted “ the Education Act 1996. ”

Housing Act 1985 (c. 68)

In Schedule 1 (tenancies which are not secure tenancies), in paragraph 10(4), for “the Education Act 1944” there is substituted “ the Education Act 1996 ”.

Local Government Act 1986 (c. 10)

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Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)

Section 5 of the Disabled Persons (Services, Consultation and Representation) Act 1986 (disabled persons leaving special education) shall be amended as follows.

In subsection (1)(a) for “or 168 of the Education Act 1993” there is substituted “ section 168 of the Education Act 1993 or section 324 of the Education Act 1996 ”.

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In subsection (9)—

for “Part III of the Education Act 1993” there is substituted “ Part IV of the Education Act 1996 ”; and

for “the Education Act 1944” there is substituted “ the Education Act 1996 ”.

Education (No. 2) Act 1986 (c. 61)

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Section 67 of that Act (short title etc.) shall be amended as follows.

Subsections (2), (5) and (6) are omitted.

In subsection (3), for “the 1944 Act” there is substituted “ the Education Act 1996. ”

In subsection (7), for the words from the beginning to “Northern Ireland;” there is substituted “ In this Act section 48 and this section extend to Scotland, ”.

Reverter of Sites Act 1987 (c. 15)

The Reverter of Sites Act 1987 shall be amended as follows.

In section 1(5) (right of reverter replaced by trust for sale) for “section 2 of the Education Act 1973” there is substituted “ section 554 of the Education Act 1996 ”.

In section 5 (orders under Education Act 1973)—

in subsection (1), for “section 2 of the Education Act 1973” there is substituted “ section 554 of the Education Act 1996 ”; and

for “section 2 of the said Act of 1973”, wherever occurring, there is substituted “ section 554 of the 1996 Act ”.

Local Government Act 1988 (c. 9)

In paragraph 8(3)(a) of Schedule 1 to the Local Government Act 1988 (competition) for “section 53 of the Education Act 1944 (whether or not also provided under section 41 of that Act)” there is substituted “ section 508 of the Education Act 1996 (whether or not also provided under section 15 of that Act) ”.

Criminal Justice Act 1988 (c. 33)

In section 139A(6) and (7) of the Criminal Justice Act 1988 (as amended by the Offensive Weapons Act 1996), for “section 14(5) of the Further and Higher Education Act 1992” there is substituted “ section 4 of the Education Act 1996 ”.

Education Reform Act 1988 (c. 40)

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In section 161(1)(b)(i) of that Act (interpretation of Part II) for “section 41 of the 1944 Act” there is substituted “ section 15 of the Education Act 1996 ”.

In section 163(1) of that Act (new education authorities for London) for “the Education Acts 1944 to 1996” there is substituted “ the Education Act 1996 ”.

In section 166(5) of that Act (responsibility for schools) for “the Education Acts 1944 to 1993” there is substituted “ the Education Act 1996 ”.

Section 197 of that Act (Education Transfer Council) shall be amended as follows.

In subsection (6), for “the Education Acts 1944 to 1993” there is substituted “ the Education Acts ”.

Subsection (7) shall continue to have effect with the insertion of the words “and any governing body of a maintained or grant-maintained school” (originally inserted by section 47(5) of the Education Act 1993); and in that subsection for “the Education Acts 1944 to 1993” there is substituted “ the Education Acts ”.

In subsection (7B), for “the Education Acts 1944 to 1992” there is substituted “ the Education Acts ”.

In this section “the Education Acts” has the meaning given by section 578 of the Education Act 1996.

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Powers of the Secretary of State in relation to certain educational institutions.

This section applies to any institution which is maintained by a local authority and provides higher education or further education (or both).

Section 495(1) of the Education Act 1996 (determination of disputes by the Secretary of State) shall apply in relation to the governing body of an institution to which this section applies as it applies in relation to the governing body of a school.

Each of sections 496 and 497 of that Act (power of Secretary of State to prevent unreasonable exercise of functions and Secretary of State’s general default powers) shall have effect as if any reference to a body to which that section applies included a reference to the governing body of an institution to which this section applies.

Section 498 of that Act (powers of Secretary of State where there is no properly constituted governing body) shall have effect as if any reference to a school to which that section applies included a reference to an institution to which this section applies.

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In section 228 of that Act (transfer of property to grant-aided institutions in Wales), in subsection (2)(a), for “section 100(1)(b) of the 1944 Act” there is substituted “ section 485 of the Education Act 1996 ”.

In section 232 of that Act (orders and regulations)—

in subsection (2), for the words from “sections” to “Schedule 5” there is substituted “ section 157 ”;

subsection (3) is omitted; and

in subsection (4), “3(4)(a), 4(2)(c), 24,” is omitted.

Section 235 of that Act (general interpretation) shall be amended as follows.

In subsection (1) the definition of “the 1980 Act” is omitted.

In subsection (2)(c), after “1944 Act” there is inserted “ or section 485 of the Education Act 1996 ”.

In subsections (7) and (8), for “the 1944 Act” in each place there is substituted “ the Education Act 1996 ”.

Schedule 10 to that Act (supplementary provisions with respect to transfers)—

shall continue to have effect with the amendments set out in sub-paragraph (2) (originally made by section 47 of the Education Act 1993); . . .

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The amendments mentioned in sub-paragraph (1)(a) are as follows—

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in paragraph 4(1) of the Schedule, for “by virtue of section 126 or 130” there is substituted “ to which this Schedule applies ”; . . .

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In section 174(3) of the Copyright, Patents and Designs Act 1988 (meaning of “school”) for “the Education Act 1944” there is substituted “ the Education Act 1996 ”.

Children Act 1989 (c. 41)

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In section 36(5) of that Act (education supervision orders: presumption that child is not being properly educated)—

for “section 37 of the Education Act 1944” there is substituted “ section 437 of the Education Act 1996 ”; and

for “section 39” there is substituted “ section 444 ”.

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In section 87(10) of that Act (welfare of children accommodated in independent schools) for “the Education Act 1944” there is substituted “ the Education Act 1996 ”.

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In section 91(5) of that Act (effect and duration of orders: school attendance orders) for “section 37 of the Education Act 1944” there is substituted “ section 437 of the Education Act 1996 ”.

In section 105(1) of that Act (interpretation) for “the Education Act 1944” in each place where it occurs, and for “the Education Act 1993”, there is substituted “ the Education Act 1996 ”.

In paragraph 3(b) of Schedule 2 to that Act (local authority support for children and families: assessment of children’s needs) for “Part III of the Education Act 1993” there is substituted “ Part IV of the Education Act 1996 ”.

Part III of Schedule 3 to that Act (education supervision orders) shall be amended as follows.

In paragraph 13—

in sub-paragraph (1) for “section 36 of the Education Act 1944 (duty to secure education of children) and section 199 of the Education Act 1993 (duty” there is substituted “ sections 7 and 444 of the Education Act 1996 (duties to secure education of children and ”; and

in sub-paragraph (2)—

in paragraph (a)(i) for “section 192 of that Act” there is substituted “ section 437 of the Education Act 1996 ”,

in paragraph (b)(i) for “section 192” there is substituted “ section 437 ”,

in paragraph (b)(ii) for “section 76 of the Education Act 1944” there is substituted “ section 9 of that Act ”, and

in paragraph (b)(iii) for “sections 6 and 7 of the Education Act 1980” there is substituted “ sections 411 and 423 of that Act ”.

In paragraph 21 for “the Education Act 1944 (as amended by Schedule 13)” there is substituted “ the Education Act 1996. ”

Paragraph 3 of Schedule 9 to that Act (child minding and day care: exemption of certain schools) shall be amended as follows.

In sub-paragraph (1)—

for “section 100 of the Education Act 1944” there is substituted “ section 485 of the Education Act 1996 ”, and

for “section 53 of the Act of 1944” there is substituted “ section 508 of that Act ”.

In sub-paragraph (3)—

for “the Education Act 1944” there is substituted “ the Education Act 1996 ”, and

for “the Education Act 1993” there is substituted “ that Act ”.

Local Government and Housing Act 1989 (c. 42)

In section 2(6)(a) of the Local Government and Housing Act 1989 (politically restricted posts) for “section 88 of the Education Act 1944” there is substituted “ section 532 of the Education Act 1996 ”.

Section 13 of that Act (voting rights of members of committees)—

shall be amended as provided in sub-paragraphs (2), (3) and (5); and

shall continue to have effect with the amendment set out in sub-paragraph (4) (originally made by Schedule 19 to the Education Act 1993).

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Nothing in this section shall prevent the appointment of a person who is not a member of a local authority as a voting member of—

any committee or sub-committee appointed by the local authority wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as a local authority,

any joint committee appointed by two or more local authorities wholly or partly for the purpose of discharging any functions with respect to education conferred on them in their capacity as local authorities, or

any sub-committee appointed by any such committee or joint committee wholly or partly for the purpose of discharging any of that committee’s functions with respect to education,

where that appointment is required by directions given by the Secretary of State under section 499 of the Education Act 1996 (power of Secretary of State to direct appointment of members of committees).

In subsection (7) for “education committee or sub-committee of an education committee” there is substituted “ committee, joint committee or sub-committee appointed for the purpose mentioned in that subsection ”.

In subsection (9) the definition of “foundation governors” and the “and” immediately following it are omitted.

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Education (Student Loans) Act 1990 (c. 6)

In section 1(3)(a) of the Education (Student Loans) Act 1990 (meaning of “institutions receiving support from public funds”) for “section 100(1)(b) of the Education Act 1944” there is substituted “ section 485 of the Education Act 1996 ”.

Town and Country Planning Act 1990 (c. 8)

Expressions used in subsection (1)(e) and in the Education Act 1996 have the same meanings as in that Act.

Environmental Protection Act 1990 (c. 43)

In section 98(2) of the Environmental Protection Act 1990 (definitions)—

in paragraph (c)(i) for “section 100(1)(b) of the Education Act 1944” there is substituted “ section 485 of the Education Act 1996 ”; and

in paragraph (e) for “section 105 of the Education Reform Act 1988)” there is substituted “ section 482 of the Education Act 1996) ”.

School Teachers’ Pay and Conditions Act 1991 (c. 49)

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...

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Further and Higher Education Act 1992 (c. 13)

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In section 28(3)(a) of that Act (institutions which are grant-aided or eligible to receive aid by way of grant) for “section 100(1)(b) of the Education Act 1944” there is substituted “ section 485 of the Education Act 1996 ”.

Section 37 of that Act (attribution of surpluses and deficits) shall be amended as follows.

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In subsection (7)—

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in the definition of “financial year”, for “the Education Reform Act 1988” there is substituted “ the Education Act 1996 ”.

In section 54(2) of that Act (duty to give information) for the words from “section 51” to “section 52 of that Act” there is substituted “ regulations under section 492 or 493 of the Education Act 1996 ”.

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In section 89(5) of that Act (orders, regulations and directions) for “Section 111 of the Education Act 1944” there is substituted “ Section 570 of the Education Act 1996 ”.

Section 90 of that Act (interpretation) shall be amended as follows.

In subsection (1)—

in the definition of “the Education Acts”, for “means the Education Acts 1944 to 1996” there is substituted “ has the meaning given by section 578 of the Education Act 1996 ”; and

“further education” has the meaning given by section 2(3) to (5) of that Act;

In subsection (5), for “the Education Act 1944” there is substituted “ the Education Act 1996 ”.

In section 92 of that Act (Index)—

in the entry for “further education”, for “section 14(1) to (4)” there is substituted “ section 90(1) ”; and

the entries for “pupil”, “secondary education” and “school” are omitted.

Schedule 8 to that Act—

shall continue to have effect with the amendment set out in sub-paragraph (2) (originally made by section 47(6) of the Education Act 1993); and

shall be amended as provided in sub-paragraphs (3) and (4).

In paragraph 61, for “by virtue of section 126 or 130 and in such a case” there is substituted “ and ”.

In paragraph 62(3), for “or (as the case may be) the Education Act 1993” there is substituted “ or (as the case may be) the Education Act 1996 ”.

In—

paragraph 79(2) (which provides that, in relation to a further education corporation or a Further Education Funding Council, the reference in section 25(2) of the Sex Discrimination Act 1975 to section 99 of the Education Act 1944 is to be read as a reference to section 57(3) of the 1992 Act), . . .

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for “section 99 of the Education Act 1944” there is substituted “ section 497 of the Education Act 1996 ”.

Tribunals and Inquiries Act 1992 (c. 53)

The Tribunals and Inquiries Act 1992 shall be amended as follows.

Section 11(1) (appeals from certain tribunals) shall continue to have effect with the substitution for “15(a) or (d)” of “15(a), (d) or (e)” (originally made by section 181 of the Education Act 1993).

In paragraph 15 of Schedule 1 (tribunals under general supervision of Council on Tribunals)—

in sub-paragraph (a), for “section 72 of, and Schedule 6 to, the Education Act 1944 (c. 31)” there is substituted “ section 476 of, and Schedule 34 to, the Education Act 1996 (c. 56) ”;

in sub-paragraph (b), for “Part I of Schedule 2 to the Education Act 1980 (c. 20)” there is substituted “ Part I of Schedule 33 to that Act ”;

in sub-paragraph (c), for “paragraph 5(1) of Schedule 6 to the Education Act 1993” there is substituted “ paragraph 6(1) of Schedule 23 to that Act ”; and

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Charities Act 1993 (c. 10)

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Schedule 2 to that Act (exempt charities) shall continue to have effect with the following amendments (originally made by Schedules 15 and 19 to the Education Act 1993).

the School Curriculum and Assessment Authority;

the Curriculum and Assessment Authority for Wales;

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Welsh Language Act 1993 (c. 38)

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...

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Value Added Tax Act 1994 (c. 23)

In Schedule 9 to the Value Added Tax Act 1994 (exemptions), in paragraph (a) of Note (1) to Group 6 (education)—

for “the Education Acts 1944 to 1996” there is substituted “ the Education Act 1996 ”;

in sub-paragraph (iii), for “a maintained school within the meaning of the Education Act 1993 or” there is substituted “ a county school, voluntary school or maintained special school (other than one established in a hospital) within the meaning of the Education Act 1996 or a maintained school within the meaning of ”;

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Education Act 1994 (c. 30)

General duty of Secretary of State

General duty of Secretary of State with respect to teacher training.

In carrying out his duties under sections 10 and 11 of the Education Act 1996 the Secretary of State shall, in particular, make such arrangements as he considers expedient for securing that sufficient facilities are available for the training of teachers to serve in schools maintained by local authorities, grant-maintained schools, institutions within the further education sector and institutions which are maintained by such authorities and provide higher education or further education (or both).

Section 12 of that Act (power of schools to provide courses of initial teacher training) shall be amended as follows.

In subsection (5), for “section 12 or 13 of the Education Act 1980 or section 96 of the Education Act 1993” there is substituted “ section 35, 41 or 259 of the Education Act 1996 ”.

In subsection (6)—

for “sections 33 to 43 of the Education Reform Act 1988” there is substituted “ sections 101 to 123 of the Education Act 1996 ”, and

for “Chapter VI of Part II of the Education Act 1993” there is substituted “ Chapter VI of Part III of that Act ”.

In section 19 of that Act (interpretation)—

in subsection (3), for “section 156 of the Education Act 1993” there is substituted “ section 312 of the Education Act 1996 ”; and

in subsection (5), for “the Education Act 1944” there is substituted “ the Education Act 1996 ”.

Disability Discrimination Act 1995 (c. 50)

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Employment Rights Act 1996 (c. 18)

In section 134(1) of the Employment Rights Act 1996 (dismissal of teachers in aided schools) for “paragraph (a) of the proviso to section 24(2) of the Education Act 1944” there is substituted “ section 134(3) of the Education Act 1996 ”.

Nursery Education and Grant-Maintained Schools Act 1996 (c. 57)

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This Act shall be construed as one with the Education Act 1996.

Amendments coming into force on appointed day

Children and Young Persons Act 1933 (c. 12)

In section 30(1)(a) of the Children and Young Persons Act 1933 (interpretation) for the words from “for the purposes” to the end of paragraph (a) there is substituted “ over compulsory school age (construed in accordance with section 8 of the Education Act 1996) ”.

Agriculture (Safety, Health and Welfare Provisions) Act 1956 (c. 49)

In section 24(1) of the Agriculture (Safety, Health and Welfare Provisions) Act 1956 (interpretation) in the definition of “young person”, for “for the purposes of the Education Act 1944” there is substituted “ (construed in accordance with section 8 of the Education Act 1996) ”.

Factories Act 1961 (c. 34)

“child” means any person who is not over—

compulsory school age (construed in accordance with section 8 of the Education Act 1996), or

school age (construed in accordance with section 31 of the Education (Scotland) Act 1980);

Matrimonial Causes Act 1973 (c. 18)

In section 29(2)(a) of the Matrimonial Causes Act 1973 (age limit on making certain orders in favour of children) for the words from “(that is to say” to “that section)” there is substituted “ (construed in accordance with section 8 of the Education Act 1996) ”.

Sex Discrimination Act 1975 (c. 65)

In section 24(2)(d) of the Sex Discrimination Act 1975 (designated establishments) after “school age” there is inserted “ (construed in accordance with section 8 of the Education Act 1996) ”.

Domestic Proceedings and Magistrates’ Courts Act 1978 (c. 22)

In section 5(2)(a) of the Domestic Proceedings and Magistrates’ Courts Act 1978 (age limit on making certain orders in favour of children) for the words from “(that is to say” to “that section)” there is substituted “ (construed in accordance with section 8 of the Education Act 1996) ”.

Employment Act 1989 (c. 38)

In section 10 of the Employment Act 1989 (removal of restrictions relating to employment of young persons), in subsection (6), for “for the purposes of the Education Act 1944” there is substituted “ (construed in accordance with section 8 of the Education Act 1996) ”.

Section 582(2).

Repeals and revocations

Repeals coming into force on 1st November 1996

Chapter

Short title

Extent of repeal

1944 c.31.

Education Act 1944.

The whole Act.

1946 c.49.

Acquisition of Land (Authorisation Procedure) Act 1946.

In Schedule 4, the entry relating to the Education Act 1944.

1946 c.50.

Education Act 1946.

The whole Act.

1948 c.40.

Education (Miscellaneous Provisions) Act 1948.

The whole Act.

1953 c.33.

Education (Miscellaneous Provisions) Act 1953.

The whole Act.

1959 c.53.

Town and Country Planning Act 1959.

In Schedule 4, paragraph 4.

1959 c.60.

Education Act 1959.

The whole Act.

1961 c.45.

Rating and Valuation Act 1961.

The whole Act.

1962 c.12.

Education Act 1962.

Section 9.

Section 13(4).

Section 14(2).

1963 c.37.

Children and Young Persons Act 1963.

Section 38(2).

1964 c.82.

Education Act 1964.

The whole Act.

1967 c.3.

Education Act 1967.

Section 2.

In section 6(1), the words from “and this Act” onwards.

1967 c.80.

Criminal Justice Act 1967.

In Part I of Schedule 3, the entry relating to the Education Act 1944.

1968 c.17.

Education Act 1968.

The whole Act.

1968 c.xxxix

Greater London Council (General Powers) Act 1968.

Section 56.

1970 c.42.

Local Authority Social Services Act 1970.

In Schedule 1, the entry relating to the Education Act 1993.

1970 c.52.

Education (Handicapped Children) Act 1970.

The whole Act.

1972 c.70.

Local Government Act 1972.

Section 192.

1973 c.16.

Education Act 1973.

Section 1(2).

Section 2.

In section 5(1), the words from “, and the Education Acts” onwards.

In Schedule 1, paragraph 3.

1973 c.23.

Education (Work Experience) Act 1973.

The whole Act.

1975 c.2.

Education Act 1975.

The whole Act.

1976 c.5.

Education (School-leaving Dates) Act 1976.

The whole Act.

1976 c.81.

Education Act 1976.

The whole Act.

1977 c.49.

National Health Service Act 1977.

In Schedule 14, in paragraph 13(1)(b) “7 to 9”.

In Schedule 15, paragraphs 2 and 3.

1979 c.49.

Education Act 1979.

The whole Act.

1980 c.20.

Education Act 1980.

Sections 1 to 18.

Sections 21 and 22.

Section 24.

Section 26.

Sections 28 to 30.

Section 33(3).

Sections 34 and 35.

Section 37.

In section 38, subsections (2) and (4) to (6).

Schedules 1 to 4.

Schedule 7.

1980 c.65.

Local Government, Planning and Land Act 1980.

Section 2(3).

1981 c.60.

Education Act 1981.

The whole Act.

1982 c.48.

Criminal Justice Act 1982.

In Schedule 3, the entries relating to the Education Act 1944.

1984 c.11.

Education (Grants and Awards) Act 1984.

The whole Act.

1985 c.47.

Further Education Act 1985.

Section 8(2).

1986 c.50.

Social Security Act 1986.

Section 77 so far as relating to section 22 of the Education Act 1980.

1986 c.61.

Education (No.2) Act 1986.

Sections 1 to 42.

Sections 44 to 47.

Sections 51 to 60.

In section 62(1), paragraph (a) and the “(b)” immediately following it.

In section 63, in subsection (1) the words “(other than under section 2(7), 9(6) or 54)”, in subsection (2) “51 or”, and subsection (2A).

In section 65(1), all the definitions except that of “establishment of higher or further education”.

In section 66, in subsection (1) “60 and” and “to (3)”, and in subsection (2) “and 59”.

In section 67, subsections (2), (5) and (6).

Schedules 1 to 3.

In Schedule 4, paragraphs 1, 2 and 5.

Schedules 5 and 6.

1987 c.15.

Reverter of Sites Act 1987.

Section 8(1).

1988 c.40.

Education Reform Act 1988.

Part I.

Section 120(5) and (9).

In section 210, in each of subsections (1) and (3)(d) the words “local authorities or”.

In section 211, paragraphs (a) and (b) and the words “the school or”.

Sections 212 and 213.

In section 218, in subsection (1) in each of paragraphs (e) and (f) the words “schools and” and paragraph (g), in subsection (7) the words from “or, in such cases” to “the funding authority” and the words “school or” (where first occurring) and “any school or”, and subsections (8) and (13).

Section 222.

Sections 225 and 227.

Section 229(1).

In section 230(1), “section 15(2)”.

In section 232, subsection (3) and, in subsection (4)(b), “3(4)(a), 4(2)(c), 24”.

Section 234.

In section 235, in subsection (1) the definition of “the 1980 Act”.

In section 236, in subsection (1) the words from “section 1” to “section 119” and “sections 212 and 213”, and subsections (2) and (3).

Section 238(2).

Schedules 1 to 4.

In Schedule 12, paragraphs 1 to 8, 14, 17, 24, 25, 34, 35, 37, 54 to 62, 69(4), 76, 77, 81, 82, 87(3), 99, 102, 103 and 106.

1989 c.41.

Children Act 1989.

In Schedule 13, paragraphs 9 and 10.

1989 c.42.

Local Government and Housing Act 1989.

In section 13(9), the definition of “foundation governors” and the “and” immediately following it.

Section 188.

1990 c.6.

Education (Student Loans) Act 1990.

Section 4(2).

1990 c.19.

National Health Service and Community Care Act 1990.

In Schedule 9, paragraph 31.

1990 c.38.

Employment Act 1990.

Section 14.

In section 18(2), the words from “section 14” to “experience)”.

1991 c.21.

Disability Living Allowance and Disability Working Allowance Act 1991.

In Schedule 3, paragraph 12.

1991 c.49.

School Teachers’ Pay and Conditions Act 1991.

Section 6(2).

1991 No.2.

Diocesan Boards of Education Measure 1991.

In section 10(1), the definition of “the 1988 Act”.

1992 c.13.

Further and Higher Education Act 1992.

Sections 10 to 14.

Section 59.

In section 92, the entries for “pupil”, “secondary education” and “school”.

Section 94(2).

In Schedule 8, paragraphs 1 to 17, 24 to 26, 28, 43(b), 50, 53, 54, 56, 57 and 82.

1992 c.38.

Education (Schools) Act 1992.

Section 16.

In Schedule 4, paragraphs 1 and 4 to 6.

1993 c.8.

Judicial Pensions and Retirement Act 1993.

In Schedule 6, paragraph 51.

1993 c.10.

Charities Act 1993.

In Schedule 2, paragraphs (e) and (g).

1993 c.35.

Education Act 1993.

The whole Act.

1994 c.19.

Local Government (Wales) Act 1994.

Section 21.

In Schedule 16, paragraphs 8 and 105.

1994 c.30.

Education Act 1994.

Section 27(2).

In Schedule 2, paragraphs 5(2) and (4)(a), 6(2) and (4)(a) and 8(2) to (4).

1995 c.17.

Health Authorities Act 1995.

In Schedule 1, paragraphs 112 and 124.

1995 c.18.

Jobseekers Act 1995.

In Schedule 2, paragraphs 3 and 17.

1995 c.21.

Merchant Shipping Act 1995.

In Schedule 13, paragraph 48.

1995 c.50.

Disability Discrimination Act 1995.

Section 29(1) and (2).

Section 30(7) to (9).

1996 c.9.

Education (Student Loans) Act 1996.

Section 4(2).

1996 c.18.

Employment Rights Act 1996.

In Schedule 1, paragraph 59.

1996 c.23.

Arbitration Act 1996.

In Schedule 3, paragraphs 4 and 59.

1996 c.50.

Nursery Education and Grant-Maintained Schools Act 1996.

Section 7.

In Schedule 3, paragraphs 1 to 8 and 10 to 15.

Repeals coming into force on appointed day

Chapter

Short title

Extent of repeal

1975 c.65.

Sex Discrimination Act 1975.

In section 82(1), the definition of “upper limit of compulsory school age”.

1976 c.74.

Race Relations Act 1976.

In section 78(1), the definition of “upper limit of compulsory school age”.

1995 c.36.

Children (Scotland) Act 1995.

In Schedule 4, paragraph 10(a).

Revocations

S.I. Number

Title

Extent of revocation

S.I. 1977/293.

Local Authorities etc. (Miscellaneous Provision) Order 1977.

Article 4(1) and (5).

S.I. 1991/1890.

Education (Financial Delegation for Primary Schools) Regulations 1991.

The whole Regulations.

S.I. 1992/110.

Education (Financial Delegation for Primary Schools) (Amendment) Regulations 1992.

The whole Regulations.

S.I. 1992/1548.

Education (National Curriculum) (Foundation Subjects at Key Stage 4) Order 1992.

The whole Order.

S.I. 1993/2709.

Education (No. 2) Act 1986 (Amendment) Order 1993.

The whole Order.

S.I. 1993/2827.

Education (No. 2) Act 1986 (Amendment) (No. 2) Order 1993.

The whole Order.

S.I. 1994/692.

Education (No. 2) Act 1986 (Amendment) Order 1994.

The whole Order.

S.I. 1994/1814.

Education (National Curriculum) (Foundation Subjects at Key Stage 4) Order 1994.

The whole Order.

S.I. 1994/2092.

Education (No. 2) Act 1986 (Amendment) (No. 2) Order 1994.

The whole Order.

S.I. 1994/2732.

Education (No. 2) Act 1986 (Amendment) (No. 3) Order 1994.

The whole Order.

S.I. 1996/710.

Local Government Changes for England (Education) (Miscellaneous Provisions) Regulations 1996.

Regulation 19.

S.I. 1996/951.

Deregulation (Length of the School Day) Order 1996.

The whole Order.

Section 582(3).

Transitional provisions and savings

General

General transitional provisions

The repeal and re-enactment of provisions by this Act does not affect the continuity of the law.

Any subordinate legislation made or other thing done, or having effect as if made or done, under or for the purposes of any provision repealed and re-enacted by this Act shall, if in force or effective immediately before the commencement of the corresponding provision of this Act, have effect thereafter as if made or done under or for the purposes of that corresponding provision.

Any reference (express or implied) in this Act or any other enactment or in any instrument or document—

to any provision of this Act, or

to things done or falling to be done under or for the purposes of any provision of this Act,

shall (so far as the context permits) be construed as including, in relation to times, circumstances or purposes in relation to which the corresponding provision repealed by this Act had effect, a reference—

to that corresponding provision, or

to things done or falling to be done under or for the purposes of that corresponding provision,

as the case may be.

Any reference (express or implied) in any enactment or in any instrument or document—

to any provision repealed and re-enacted by this Act, or

to things done or falling to be done under or for the purposes of any such provision,

shall (so far as the context permits) be construed as including, in relation to times, circumstances or purposes in relation to which the corresponding provision of this Act has effect, a reference—

to that corresponding provision, or

to things done or falling to be done under or for the purposes of that corresponding provision,

as the case may be.

Without prejudice to the generality of sub-paragraph (4), where a power conferred by an Act is expressed to be exercisable in relation to enactments contained in Acts passed before or in the same Session as the Act conferring the power, the power is also exercisable in relation to provisions of this Act which reproduce such enactments.

Sub-paragraphs (1) to (5) have effect instead of section 17(2) of the Interpretation Act 1978 (but are without prejudice to any other provision of that Act); and sub-paragraph (1) has effect subject to any amendments of the law which give effect to recommendations of the Law Commission.

Sub-paragraph (2) does not apply to any subordinate legislation in so far as it is reproduced in this Act.

Extension of references to provisions repealed by Education Act 1993

Paragraph 1(3) above shall have effect, for the purpose of extending references so as to include references to (or to things done or falling to be done under) the pre-1993 Act enactments, as if any reference in paragraph 1(3) to the corresponding provision repealed by this Act were a reference to the corresponding provision of those enactments.

Paragraph 1(4) above shall have effect, for the purpose of extending references to (or to things done or falling to be done under) the pre-1993 Act enactments, as if any reference in paragraph 1(4) to any provision repealed and re-enacted by this Act were a reference to a provision of those enactments.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In this paragraph “the pre-1993 Act enactments” means the enactments specified in Part I of Schedule 21 to the Education Act 1993 (repeals).

Construction of pre-1944 Act references

Where immediately before the commencement of this Act any reference in any enactment, instrument or document had effect as if it were a reference to the Secretary of State or the Department for Education and Employment by virtue of the operation of section 2(1) of the Education Act 1944 and any order made under the Ministers of the Crown Act 1975, it shall continue to do so despite the repeal of that provision by this Act.

This paragraph applies to enactments passed before 1st April 1945.

Unless the context otherwise requires any such enactment shall be construed as if—

any reference to an elementary school or to a public elementary school (whether or not any reference is made there to the payment of parliamentary grants in respect of the school) were a reference to a county school or voluntary school, as the context may require;

any reference to a school certified by the Board of Education, in accordance with the provisions of Part V of the Education Act 1921, as suitable for providing education for blind, deaf, defective or epileptic children were a reference to a special school;

any reference to the managers of a school, in relation to a county school or voluntary school, were a reference to the governors (or, if the context so requires, the governing body) of the school;

any reference to elementary education or to higher education were a reference to such education as may be provided by a local authority in the exercise of their functions under sections 13 to 15 of this Act; and

any reference to a local authority, to a local authority for elementary education or to a local authority for higher education were a reference to a local authority within the meaning of this Act.

Effect of old transitional provisions and savings

The repeals made by this Act shall not affect the operation of any transitional provision or saving relating to the coming into force of a provision reproduced in this Act in so far as the transitional provision or saving is not specifically reproduced in this Act but remains capable of having effect in relation to the corresponding provision of this Act or otherwise.

The repeal by this Act of an enactment previously repealed subject to savings does not affect the continued operation of those savings.

The repeal by this Act of a saving on the previous repeal of an enactment does not affect the saving so far as it is not specifically reproduced in this Act but remains capable of having effect.

Use of existing forms etc.

Any reference to an enactment repealed by this Act which is contained in a document made, served or issued after the commencement of that repeal shall be construed, except so far as a contrary intention appears, as a reference or (as the context may require) including a reference to the corresponding provision of this Act.

Pre-commencement offences

Nothing in this Act affects the enactments repealed by this Act in their operation in relation to offences committed before the commencement of this Act.

Specific provisions

Governing bodies of local authority-maintained schools

Any governing body which immediately before the commencement of this Act was incorporated by virtue of section 238 of the Education Act 1993 (incorporation of governing bodies of county, voluntary and maintained special schools) shall continue in existence as a body corporate despite the repeal of that section by this Act.

In Schedule 7 to this Act any reference to a governing body incorporated under section 88(1) of this Act includes a reference to a governing body falling within sub-paragraph (1).

Despite the repeal by this Act of Schedule 13 to the Education Act 1993 (incorporated governing bodies for county, voluntary and maintained special schools)—

paragraph 3 of that Schedule (contracts of employment) shall continue to apply to, or in relation to, any contract of employment to which it applied immediately before the commencement of this Act; and

to the extent that any provision of paragraphs 13 to 15 (general provisions about transfers) applied in relation to any transfer immediately before the commencement of this Act, it shall continue so to apply.

The reproduction by this Act of any reference, in an enactment repealed by this Act, to the governors of a school of any description as a reference to the governing body of a school of that description shall not be taken to affect the construction or operation of that enactment in relation to any times, circumstances or purposes in relation to which it had effect.

Where by virtue of section 1(4) of the Education Act 1980 any enactment or document referred immediately before the commencement of this Act to the governors, foundation governors, instrument of government or articles of government of a primary school to which section 1(2) and (3) of that Act applied, it shall continue to do so despite the repeal of section 1(4) by this Act.

Where any instrument under which the governing body of an aided or special agreement school is constituted was in force immediately before the commencement of this Act by virtue of paragraph 1 of Schedule 5 to the Education (No. 2) Act 1986, the instrument shall have effect thereafter as if made by order under section 76 of this Act; but this paragraph shall cease to apply to any such school if it is grouped with any other school or schools under section 89 of this Act.

Special agreement schools

Any order under section 15(2) of the Education Act 1944 directing that a school is to be a special agreement school shall, if in force immediately before the commencement of this Act, continue in force despite the repeal by this Act of section 15(2) of that Act.

Sub-paragraph (1) does not prejudice the operation of paragraph 1(2) above in relation to other orders in force under section 15(2) of that Act immediately before the commencement of this Act.

Proposals to establish etc. maintained or grant-maintained schools

Nothing in sections 35 to 45 or in sections 259 to 263 of this Act applies in relation to any proposals published before the commencement of this Act; and the corresponding provisions of the Education Act 1980 and the Education Act 1993 shall continue to apply in relation to any proposals duly published under section 12(1)(a) to (d) or 13 of the 1980 Act or section 96 or 97 of the 1993 Act as if this Act had not been passed.

Sub-paragraph (1) does not prevent references in other provisions of this Act to proposals published or implemented under any of those sections of this Act from applying, by virtue of paragraph 1(3) above, to any proposals falling within sub-paragraph (1).

Review of constitution of governing bodies

Subject to sub-paragraph (2), nothing in section 82 of this Act applies in relation to the implementation of any proposal made before the commencement of this Act, and section 11 of the Education (No. 2) Act 1986 shall continue to apply in relation to the implementation of any such proposal falling within subsection (2)(a) of that section as if this Act had not been passed.

In section 82(2) of this Act—

in paragraph (b), the reference to proposals falling within subsection (3) of that section includes a reference to proposals falling within section 11(2) of the 1986 Act; and

in paragraph (c) the reference to a relevant event for the purposes of section 82 includes a reference to a relevant event for the purposes of section 11 of the 1986 Act;

and any date determined by the local authority under section 11(6) of the 1986 Act shall be taken, for the purposes of section 82(2) of this Act, to be the date on which the proposals in question were implemented.

Confirmation of certain decisions of governing body

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Review of grouping

The reference in section 94(2)(c) of this Act to an order under section 50 or 51 or 58(1) of this Act does not, by virtue of paragraph 1(3) above, include a reference to an order made before the commencement of this Act under section 2 of the Education Act 1946 or section 15(5) of the Education Act 1944.

Financial delegation

Without prejudice to paragraph 1(3) above—

the reference in section 101(1) of this Act to a scheme made by a local authority under section 103 of this Act includes a reference to a scheme in force immediately before the commencement of this Act which was made under section 33 of the Education Reform Act 1988 (including one made by way of variation or replacement of such a scheme under section 35 of that Act); and

the reference in section 104(6) of this Act to section 104(5) includes a reference to section 34(6) of that Act.

In relation to any such scheme made (or treated as if made) under section 33 of that Act, the reference in section 110(2) of this Act to the date of the coming into force of the scheme is (subject to sub-paragraph (3) below) a reference to the date of its coming into force as first made under section 33 (or 34(6)) of that Act.

Where the initial period of any such scheme made before 1st January 1994 (the date on which section 274 of the Education Act 1993 came into force) was before 1st January 1994 determined by reference to a date later than that referred to in sub-paragraph (2) above, section 110(2) of this Act shall have effect in relation to the scheme as if it instead referred to that later date.

Nothing in section 141 of this Act requires a local authority to amend the articles of government of a school if, before the commencement of this Act, they have already amended those articles in accordance with section 44(4) of the Education Reform Act 1988.

School sessions

For the purposes of section 147(1)(b) of this Act as it applies to a county, controlled or maintained special school, any determination as to the times of the school sessions (within the meaning of section 147) which had effect immediately before the commencement of this Act, whether made—

by the governing body, or

by the local authority before 1st May 1989 (the date on which section 115 of the Education Reform Act 1988 came into force),

shall continue to have effect, as if made for those purposes, subject to any new determination under section 148 of this Act.

Exclusion of pupils

Nothing in section 157 of this Act applies in relation to any pupil excluded from a school before the commencement of this Act, and section 23 of the Education (No. 2) Act 1986 shall continue to apply to any such pupil as if this Act had not been passed.

School premises: pre-1993 Act transfer of control agreements

This paragraph applies to any agreement to which paragraph 6 or 7 of Schedule 13 to the Education Act 1993 (pre-existing transfer of control agreements) applied immediately before the commencement of this Act.

The provisions of paragraph 6 or (as the case may be) paragraph 7 shall continue to apply in relation to any such agreement as if this Act had not been passed.

Variation of trust deeds etc.

In section 179(1) of this Act—

paragraph (b) does not apply to a transfer made before the commencement of this Act unless it was made in pursuance of proposals that fell to be implemented under section 12 or 13 of the Education Act 1980; but

in paragraph (d) the reference to any order made by the Secretary of State under section 47 of this Act includes a reference to any order made under section 16(1) of the Education Act 1944 (whether made in relation to a county school or a voluntary school).

Ballots relating to acquisition of grant-maintained status

Section 190(2)(b) of this Act applies where after the commencement of this Act the Secretary of State has given his consent for the purposes of section 186(3) or section 187(5) of this Act.

Instruments and articles for grant-maintained schools incorporated under pre-1993 Act law

This paragraph applies in relation to a grant-maintained school where—

the governing body of the school were incorporated under Chapter IV of Part I of the Education Reform Act 1988;

an instrument and articles of government were made for the school under that Chapter before 1st January 1994; and

immediately before the commencement of this Act those instruments had effect (in accordance with paragraph 1(2) of Schedule 20 to the Education Act 1993 (transitional provisions and savings)) subject to the modifications specified in either or both of paragraphs 8 and 9 of the Education Act 1993 (Commencement No. 2 and Transitional Provisions) Order 1993.

The instrument and articles of government for the school shall continue to have effect, subject to those modifications, as if made under section 220 of this Act and in accordance with Part III of this Act.

This paragraph applies in relation to a grant-maintained school where—

the governing body of the school were incorporated under Chapter IV of Part I of the Education Reform Act 1988;

paragraph 24(1)(b) above does not apply; and

immediately before the commencement of this Act the instrument and articles of government prescribed by virtue of section 56 of the Education Act 1993 had effect in relation to the school (in accordance with paragraph 1(3) of Schedule 20 to that Act).

The instrument and articles of government for the school shall continue to have effect as if made under section 219 of this Act; and while they remain in force Schedule 24 to this Act shall apply in relation to the school with the following modifications.

in the case of a governing body incorporated under Chapter IV of Part I of the Education Reform Act 1988, became a member of the governing body on the incorporation date in relation to the school (as defined by section 104(3) of that Act) and—

immediately before that date, was a parent governor (within the meaning of the Education (No. 2) Act 1986) in relation to the school, or

was elected under section 66, or elected or nominated under section 68, of the Education Reform Act 1988 to hold office as a parent governor on the governing body.

immediately before that date, was a teacher governor (within the meaning of the Education (No. 2) Act 1986) in relation to the school, or

was elected under section 66, or elected or nominated under section 68, of the Education Reform Act 1988 to hold office as a teacher governor on the governing body.

in the case of a governing body incorporated under Chapter IV of Part I of the Education Reform Act 1988—

became a member of the governing body on the incorporation date in relation to the school (as defined by section 104(3) of that Act), and

was selected under section 66, or nominated under section 68, of that Act as being a person appearing to be a member of the local community committed to the good government and continuing viability of the school.

This paragraph applies in relation to a grant-maintained school where—

the governing body of the school were incorporated under Chapter IV of Part I of the Education Reform Act 1988; and

the school was a voluntary school before it became grant-maintained.

“Foundation governor” means—

a person appointed otherwise than by a local authority for the purpose of securing, so far as is practicable, that the established character of the school at the time when it became grant-maintained is preserved and developed and, in particular, that the school is conducted in accordance with the provisions of any trust deed relating to it; or

a person selected under section 66, or nominated under section 68, of the Education Reform Act 1988 for the purpose referred to in sub-paragraph (a) above.

Appeal committees

Nothing in—

section 308(3) of this Act, or

paragraph 7 of Schedule 33 to this Act,

applies in relation to any decision or action taken by the members of an appeal committee before 1st January 1994.

Paragraph 13(4) of Schedule 22 to this Act does not apply to any appeal committee constituted before 1st January 1994 in accordance with the instrument of government for any grant-maintained school for the purposes referred to in section 58(5)(d) of the Education Reform Act 1988 (articles of government admission appeal committees) while all the members of the committee are persons who were nominated before that date.

Where immediately before the commencement of this Act an appeal committee was constituted in accordance with the provisions of Part I of Schedule 2 to the Education (No. 2) Act 1986 as they had effect by virtue of paragraph 6 of Schedule 20 to the Education Act 1993 (namely without the amendments made by Schedule 16 to that Act), those provisions shall continue to apply to the committee (in place of the corresponding provisions of Part I of Schedule 33 to this Act) while all the members of the committee are persons nominated before 1st January 1994.

Nothing in this Act affects the restriction imposed by paragraph 4(2) of Schedule 2 to the Education Act 1993 (Commencement No.1 and Transitional Provisions) Order 1993 on the jurisdiction exercisable by a Local Commissioner, by virtue of section 25(5) of the Local Government Act 1974, in relation to cases where notice of appeal was served before 1st October 1993.

Maintenance etc. grants

The former grants code shall continue to have effect in relation to—

any payments of maintenance grant under section 79(1) of the Education Reform Act 1988 in respect of any financial year ending before 1st April 1994; and

any payments of capital and special purpose grants under section 79(3) of that Act made before that date.

The functions conferred on the Secretary of State by or under the former grants code (as it has effect by virtue of sub-paragraph (1) above) shall, so far as relating to any amounts which—

fall or may fall to be paid in any financial year beginning on or after 1st April 1994 in respect of any grant under that code, or

have been paid by the Secretary of State before that date in respect of any such grant,

be exercisable by the funding authority.

In this paragraph “the former grants code” means sections 79 and 80 of the Education Reform Act 1988 (maintenance, special purpose and capital grants) in their application to England.

Section 81 of the Education Reform Act 1988 (recovery from local funds of sums in respect of maintenance grant) shall continue to have effect in relation to any sums recoverable by the Secretary of State under section 81(1) of that Act for any financial year ending before 1st April 1994.

The Education (Grant-maintained Schools) (Finance) Regulations 1990, so far as in force immediately before the commencement of this Act, shall continue in force despite the repeals made by this Act.

Assessments and statements of special educational needs

Any assessment or statement of special educational needs which—

was made pursuant to a notice or copy of a proposed statement served before 1st September 1994, and

immediately before the commencement of this Act was treated, by virtue of paragraph 2(7) or 4(3) of Schedule 4 to the Education Act 1993 (Commencement No.5 and Transitional Provisions) Order 1994, as if it had been made under section 167 or 168 of the Education Act 1993,

shall have effect as if made under section 323 or 324 of this Act (as the case may be).

Applications relating to special schools

Any application which—

was made to the Secretary of State before 1st April 1994, and

immediately before the commencement of this Act was treated, by virtue of paragraph 5 of Schedule 3 to the Education Act 1993 (Commencement No. 3 and Transitional Provisions) Order 1994, as if it had been made in accordance with—

paragraph (a) or paragraph (b) of subsection (2), and subsection (6), of section 183 of the Education Act 1993, and

section 184(1) to (3) of that Act,

shall have effect as if made in accordance with paragraph (a) or (as the case may be) paragraph (b) of subsection (1), and subsection (5), of section 339 of this Act and section 340(1) to (3) of this Act.

Contracts of staff transferred to School Curriculum and Assessment Authority or Curriculum and Assessment Authority for Wales

The repeal by this Act of—

section 15 of the Education Reform Act 1988 (transfer of staff of School Curriculum Development Committee or Secondary Examinations Council), or

section 248 of the Education Act 1993 (transfer of staff of National Curriculum Council and School Examinations and Assessment Council),

shall not affect the continued operation of section 15(3) to (5) or (as the case may be) section 248(2) and (3) in relation to any contract of employment in relation to which those provisions applied immediately before the commencement of this Act.

Nothing in this Act shall affect the continued operation of Article 4 of the Education (School Curriculum and Assessment Authority) (Transfer of Functions) Order 1995 in relation to the person mentioned in that Article.

Information about directions under section 365

Nothing in section 366 of this Act applies, by virtue of paragraph 1 above, to any direction given before the commencement of this Act under regulations made under section 19 of the Education Reform Act 1988, and that section shall continue to apply in relation to any such direction as if this Act had not been passed.

Review of conclusions about policy relating to curriculum

Any articles of government of a county, controlled or maintained special school made under section 18(7) of the Education (No. 2) Act 1986 shall, in their operation after the commencement of this Act in accordance with paragraph 1 above, have effect as if the events requiring the governing body to review their conclusions about the matters mentioned in section 371(2) and (3) of this Act included the implementation of any proposals made after that time which—

would fall to be published by virtue of section 35 of this Act but for subsection (2)(b) of that section, and

materially affect the school.

Agreed syllabuses of religious education

Nothing in this Act affects the constitution of, or the operation of Schedule 5 to the Education Act 1944 in relation to, any conference convened (or reconvened) before the commencement of this Act.

Any regulations made under section 258(2) of the Education Act 1993 and having effect immediately before the commencement of this Act in relation to any conference or other body falling within section 258(1) or (3) shall continue to have effect in relation to any such conference or body, subject to the provisions of any regulations made under section 397(2) of this Act.

Arrangements for collective worship

In section 385 of this Act—

subsection (4)(b) does not affect any arrangements for collective worship in the case of a grant-maintained school that was formerly a voluntary school which were made before the commencement of this Act for the purposes of section 6 of the Education Reform Act 1988; and

subsection (6) does not affect any arrangements made for the purposes of section 6(5) of that Act before the commencement of this Act.

Disqualification for purposes of Part VII

Sections 472 and 473 of this Act shall apply to a person who is disqualified—

from being the proprietor of an independent school, or

from being a teacher in any school,

by virtue of an order under Part III of the Education Act 1944 made before 1st January 1994 as if the words “or other employee” were omitted, wherever occurring.

Chairmen of Independent Schools Tribunals

In its application to a person who, immediately before 31st March 1995, was a member of the legal panel appointed under paragraph 1 of Schedule 6 to the Education Act 1944, paragraph 3(2) of Schedule 34 to this Act has effect subject to Schedule 7 to the Judicial Pensions and Retirement Act 1993 (transitional provisions), as well as to section 26(4) to (6) of that Act.

Training grants

The Education (Training Grants) Regulations 1993 shall continue to have effect in so far as they relate to the payment of grant on and after 1st April 1994, or to grant paid before that date, in respect of expenditure incurred before that date.

Education committees etc. and members of those committees

Sub-paragraph (2) below applies to—

any education committee established in accordance with paragraph 1 of Part II of Schedule 1 to the Education Act 1944, and

any sub-committee of any such committee appointed in accordance with paragraph 10 of that Part,

which was in existence immediately before 1st April 1994.

Any committee or sub-committee to which this sub-paragraph applies shall, for the purposes of any enactment, be treated as if it had been—

appointed on that date—

in the case of a committee, by the local authority, or

in the case of a sub-committee, by the committee appointed by the authority,

in accordance with section 102(1) of the Local Government Act 1972, and

so appointed wholly or partly for the purpose of discharging any of the local authority’s education functions on them in their capacity as a local authority or, as the case may be, the committee’s functions with respect to education.

Sub-paragraph (4) below applies to any person who was immediately before 1st April 1994 a member of an education committee or sub-committee of such a committee appointed for a term of office.

Any person to whom this sub-paragraph applies shall, for the purposes of any enactment, be treated—

as if he had been appointed on that date as a member of a committee or sub-committee appointed as mentioned in sub-paragraph (2) above for the residue of that term, and

if he was a member of an education committee or sub-committee by virtue of directions given by the Secretary of State under paragraph 5A of Part II of Schedule 1 to the Education Act 1944, as if he had been appointed on that date as a member of a committee or sub-committee appointed as mentioned in sub-paragraph (2) above by virtue of directions given by the Secretary of State under section 297 of the Education Act 1993 or, in relation to any time after the commencement of this Act, under section 499 of this Act.

Documents issued by divisional executives

Section 566(1) of this Act applies to a document purporting—

to be a document issued by a divisional executive (within the meaning of Part III of Schedule 1 to the Education Act 1944), and

to be signed by the person authorised by the executive to sign it,

as it applies to a document falling within paragraph (a) of that provision.

Miscellaneous savings etc.

Handicapped children

The repeal by this Act of the Education (Handicapped Children) Act 1970 shall not affect the operation of any order made under section 1 of that Act so far as in force immediately before the commencement of this Act or of any statement of terms and conditions of employment given in connection with any such order.

Byelaws under Children and Young Persons Act 1933

Despite the repeal by this Act of section 120(5) of the Education Act 1944—

references to a “child” in any byelaws made under Part II of the Children and Young Persons Act 1933 (employment of children) shall continue to be construed as references to a child within the meaning of that Part of that Act; and

any such byelaws made before 1st April 1945 which were continued in force by section 120(5) shall, if in force immediately before the commencement of this Act, continue in force as if made by the local authority for the area in question and may be varied or revoked accordingly.

Disputes as to property transferred by virtue of 1944 Act

Any question which, if it had arisen before the commencement of this Act, would have fallen to be determined by the Secretary of State in accordance with section 96(2) of the Education Act 1944 (questions relating to property etc. transferred to local authorities ) shall be determined by him despite the repeal of that provision by this Act.

Modifications of deeds made prior to Education Act 1973

Without prejudice to the generality of paragraph 6(2) above, any order to which paragraph 3 of Schedule 1 to the Education Act 1973 (saving on repeals made by that Act) applied immediately before the commencement of this Act shall continue in force despite the repeal by this Act of that paragraph; and section 570 of this Act shall apply to any such order as if it had been made under this Act.

Instruments made prior to Local Government Act 1972

The repeal by this Act of section 192(5) and (6) of the Local Government Act 1972 (transitional provisions about instruments made by old local authorities) shall not affect the continued operation of those provisions in relation to any instrument in relation to which they applied or were applicable immediately before the commencement of this Act.

Interpretation

In this Schedule “repeal” includes (so far as the context permits) revoke or revocation.

Compulsory school age: general

Until the day appointed under section 583(3) for the coming into force of section 8—

this paragraph shall have effect for defining “compulsory school age” for the purposes of this Act; and

in the enactments to which Part II of Schedule 37 relates or any other enactment, or in any instrument or document—

any reference (however expressed) to compulsory school age within the meaning of the Education Act 1944 shall be construed as a reference to compulsory school age as defined by this paragraph, and

any reference to section 9 of the Education Act 1962 shall be construed as reference to sub-paragraphs (3) to (7) of this paragraph.

“Compulsory school age” means any age between five and 16, so that—

a person is of compulsory school age if he has attained the age of five and is under the age of 16, and

a person is over compulsory school age if he has attained the age of 16.

The following provisions apply in relation to a person who attains the age of 16 on a day when either—

he is a registered pupil at a school, or

not being such a pupil, he has been a registered pupil at a school within the preceding period of 12 months.

If he attains that age within the period from the beginning of September to the end of January, he shall be treated for the purposes of this paragraph as not having attained it until the end of the following spring term at his school (that is, the last term at his school to end before the following May).

If he attains that age after the end of January but before the May school-leaving date (that is, the Friday before the last Monday in May), he shall be treated for the purposes of this paragraph as not having attained it until the May school-leaving date.

If he attains that age after the May school-leaving date but before the beginning of September, he shall be treated for the purposes of this paragraph as having attained it on the May school-leaving date.

In sub-paragraph (4) the references to a person’s school are to the last school at which he is a registered pupil for a term ending before the May referred to in that sub-paragraph or for part of such a term.

Section 231: powers of governing body of grant-maintained school

If section 7 of the Nursery Education and Grant-Maintained Schools Act 1996 has not come into force before the commencement of this Act, this Act shall have effect with the following modifications until the relevant commencement date.

Section 231 shall have effect as if—

subsection (5)(c) were omitted; and

Subsection (4) does not confer power to borrow money, except money lent under section 255.

The power to dispose of land mentioned in subsection (5)(d) above—

does not include power to grant any mortgage, charge or other security in respect of any land, and

may only be exercised with the written consent of the Secretary of State.

Section 296(2) shall have effect as if “section 231(7)(b)” were substituted for “ section 231(7) ”.

Paragraph 1 of Schedule 3 shall have effect as if sub-paragraph (2)(b) were omitted.

Section 318: provision by LEAs of goods and services

If paragraph 12 of Schedule 3 to the Nursery Education and Grant-Maintained Schools Act 1996 has not come into force before the commencement of this Act, section 318 shall have effect until the relevant commencement date as if subsection (3) were omitted.

Sections 336 and 476: disapplication of arbitration legislation

If paragraphs 4 and 59 of Schedule 3 to the Arbitration Act 1996 have not come into force before the commencement of this Act, sections 336(4) and 476(4) shall have effect until the relevant commencement date as if in each case “The Arbitration Act 1950” were substituted for “ Part I of the Arbitration Act 1996 ”.

Section 355: the “key stages”

Until the day appointed under section 583(3) for the coming into force of section 8, section 355(1)(d) shall have effect as if for the words from “the expiry of” to the end there were substituted “ the majority of pupils in his class ceasing to be of compulsory school age. ”

Section 357: implementation of National Curriculum

Until the relevant commencement date, section 357(2) shall not apply, in relation to pupils in the fourth key stage, to any of the foundation subjects other than the core subjects.

Section 433: time for admission of pupils

If paragraph 2 of Schedule 3 to the Nursery Education and Grant-Maintained Schools Act 1996 has not come into force before the commencement of this Act, section 433 shall have effect until the relevant commencement date as if subsection (4) were omitted.

Sections 457, 512 and 534: jobseeker’s allowances

If paragraph 17 of Schedule 2 to the Jobseekers Act 1995 has not come into force before the commencement of this Act, section 457(4)(b) shall have effect until the relevant commencement date with the omission of sub-paragraph (iii).

If paragraph 3 of Schedule 2 to that Act has not come into force before the commencement of this Act, sections 512(3) and 534(3) shall each have effect until the relevant commencement date with the omission of “or of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995)”.

Section 560: work experience

Until the day appointed under section 583(3) for the coming into force of section 8, section 560(2) shall have effect as if “by virtue of paragraph 1 of Schedule 40 he would be entitled to leave school” were substituted for “ he would cease to be of compulsory school age ”.

Section 578 and Schedule 37: “the Education Acts”; consequential amendments

If the provisions of Schedule 3 to the Nursery Education and Grant-Maintained Schools Act 1996 (other than paragraph 2 and paragraphs 9 to 12) have not come into force before the commencement of this Act—

section 578 shall have effect until the relevant commencement date as if the following Acts were omitted—

the Education Act 1994;

the Education (Student Loans) Act 1996; and

the Nursery Education and Grant-Maintained Schools Act 1996; and

the amendments made by Schedule 37 to this Act in such of the enactments amended by those provisions of Schedule 3 to that Act as are not reproduced in this Act shall be construed as operating instead on the statutory references in those enactments as they have effect without the amendments made by those provisions.

Meaning of “the relevant commencement date”

Subject to sub-paragraph (2), in any of the preceding paragraphs “the relevant commencement date” means such day as the Secretary of State may by order appoint in relation to that paragraph; and different days may be so appointed for different purposes.

If, in the case of any provision or provisions referred to in any of paragraphs 2, 3, 4, 7, 8 and 10 above which has or have not come into force before the commencement of this Act, an order under the Act in question has been made before that time appointing a day for the coming into force of that provision or those provisions, “the relevant commencement date”, in relation to that provision or those provisions, means the day so appointed.

TABLE OF DERIVATIONS

Notes:

This Table shows the derivation of the provisions of the Bill.

The following abbreviations are used in the Table:—

Acts of Parliament

1944

= Education Act 1944 (c.31)

1946

= Education Act 1946 (c.50)

1948

= Education (Miscellaneous Provisions) Act 1948 (c.40)

1953

= Education (Miscellaneous Provisions) Act 1953 (c.33)

1962

= Education Act 1962 (c.12)

1964

= Education Act 1964 (c.82)

1967

= Education Act 1967 (c.3)

1968

= Education Act 1968 (c.17)

1972LG

= Local Government Act 1972 (c.70)

1973EWE

= Education (Work Experience) Act 1973 (c.23)

1973NHSR

= National Health Service Reorganisation Act 1973 (c.32)

1976

= Education Act 1976 (c.81)

1978IA

= Interpretation Act 1978 (c.30)

1980

= Education Act 1980 (c.20)

1981

= Education Act 1981 (c.60)

1982LG(MP)

= Local Government (Miscellaneous Provisions) Act 1982 (c.30)

1984

= Education (Grants and Awards) Act 1984 (c.11)

1986

= Education (No.2) Act 1986 (c.61)

1988

= Education Reform Act 1988 (c.40)

1992FHE

= Further and Higher Education Act 1992 (c.13)

1992(S)

= Education (Schools) Act 1992 (c.38)

1993

= Education Act 1993 (c.35)

1994LG(W)

= Local Government (Wales) Act 1994 (c. 19)

1994

= Education Act 1994 (c.30)

1995HA

= Health Authorities Act 1995 (c.17)

1996ER

= Employment Rights Act 1996 (c.18)

1996N

= Nursery Education and Grant-Maintained Schools Act 1996 (c.50)

Subordinate legislation

S.I. 1968/1699

= Secretary of State for Social Services Order 1968

S.I. 1977/293

= Local Authorities etc. (Miscellaneous Provision) Order 1977

S.I. 1991/1890

= Education (Financial Delegation for Primary Schools) Regulations 1991

S.I. 1992/110

= Education (Financial Delegation for Primary Schools) (Amendment) Regulations 1992

S.I. 1992/1548

= Education (National Curriculum) (Foundation Subjects at Key Stage 4) Order 1992

S.I. 1993/1975

= Education Act 1993 (Commencement No. 1 and Transitional Provisions) Order 1993

S.I. 1993/3106

= Education Act 1993 (Commencement No. 2 and Transitional Provisions) 1993

S.I. 1994/507

= Education Act 1993 (Commencement No. 3 and Transitional Provisions) Order 1994

S.I. 1994/1814

= Education (National Curriculum) (Foundation Subjects at Key Stage 4) Order 1994

S.I. 1994/2038

= Education Act 1993 (Commencement No. 5 and Transitional Provisions) Order 1994

S.I. 1994/2092

= Education (No.2) Act 1986 (Amendment) (No.2) Order 1994

S.I. 1996/951

= Deregulation (Length of the School Day) Order 1996

The abbreviation “Law Com. Rec. No.” followed by a number refers to a recommendation set out in the paragraph of that number in Appendix 1 to the Report of the Law Commission (Cm.3251).

By virtue of the Secretary of State for Education and Science Order 1964 (S.I. 1964/490) all the functions of the Minister of Education were transferred to the Secretary of State for Education and Science. By virtue of further Transfer of Functions Orders (S.Is.1970/1536, 1978/274 and 1995/2986) all the functions so transferred are now exercisable by the Secretary of State at large. The effect of these Orders is not separately acknowledged in the Table against each of the provisions affected.

The Table also does not separately acknowledge the provisions of general effect contained in the Criminal Law Act 1977 and the Criminal Justice Act 1982 which secure that, where the maximum fine that may be imposed on the commission of a summary offence was originally expressed as a particular amount (or one particular amount on a first conviction and another on subsequent convictions), the amount of the maximum fine is now a particular level on the standard scale.

Provision

Derivation

1(1)

1944 s.7.

(2) to (4)

Drafting.

2(1)

1944 ss.8(1)(a), 114(1) (“primary education”); 1948 s.3(2).

(2)

1944 ss.8(1)(b), 114(1) (“secondary education”); 1992FHE ss.10(1), 14(2), Sch.8 para.13(2).

(3)

1944 ss.41(3), (4), 114(1) (“further education”); 1992FHE s.11, Sch.8 para.13(2).

(4)

1992FHE s.14(1).

(5)

1992FHE s.14(3).

(6)

1944 s.41(5); 1992FHE s.11.

(7)

1992FHE s.14(4).

3(1)

1944 s.114(1) (“pupil”); 1992FHE s.14(6), Sch.8 para.13(2).

(2)

1944 s.114(1) (“junior pupil”; “senior pupil”).

(3)

1992FHE s.14(6).

4(1)

1944 s.114(1) (“school”); 1992FHE s.14(5); 1993 s.304(1).

(2)

Law Com. Rec. No. 2.

(3)

1992FHE s.91(3).

(4)

1992FHE s.91(5).

5(1)

1944 s.114(1) (“primary school”); 1992FHE Sch.8 para.13(2); 1993 s.304(2).

(2)

1944 s.114(1) (“secondary school”); 1992FHE Sch.8 para.13(2); 1993 Sch.19 para.24(1).

(3)

Drafting.

(4)

1964 s.1(2); 1980 Sch.3 para.12.

(5)

1964 s.1(3); 1993 Sch.19 para.38(3).

6(1)

1944 s.9(4).

(2)

1993 s.182(1).

1944 s.36; 1981 s.17.

1993 s.277.

1944 s.76; 1993 Sch.19 para.20; 1996N Sch.3 para.1.

1993 s.1.

1993 s.2.

12(1)

1944 ss.6(1), 114(1) (“county”; “local education authority”); 1972LG ss.179(2), 192(1); S.I. 1977/293; 1994LG(W) s.21(2).

(2)

1944 s.114(1) (“local education authority”); 1972LG s.192(1); S.I. 1977/293 art.4; Local Government Changes for England Regulations 1994 (S.I. 1994/867) reg.5(6); Local Government Changes for England (Amendment) Regulations 1996 (S.I. 1996/611) reg.2.

(3)

London Government Act 1963 (c.33) s.30(1)(a); 1988 s.163.

(4)

1988 ss.163, 235(4).

(5)

1944 ss.6(1), 114(1) (“local education authority”); 1972LG s.192(1); S.I. 1977/293; 1994LG(W) s.21(1), (2).

(6)

Drafting.

13(1)

1944 s.7.

(2)

1992FHE s.91(2), (4), Sch.8 para.2.

14(1)

1944 s.8(1); 1992FHE s.10(1).

(2), (3)

1944 s.8(1).

(4)

1980 s.24(2).

(5)

1944 s.8(1A); 1992FHE s.10(2).

(6)

1944 s.8(2); 1981 s.2(1); 1992FHE s.10(3).

(7)

1944 s.8(2) proviso; 1964 s.1(3).

15(1) to (3)

1944 s.41(1), (2); 1992FHE s.11.

(4)

1944 s.41(6); 1992FHE s.11.

(5)

1944 s.41(7), (8); 1992FHE s.11.

(6), (7)

1944 s.41(9), (10); 1992FHE s.11.

(8)

1944 s.41(2), (11); 1992FHE s.11.

16(1)

1944 s.9(1); 1992FHE Sch.8 para.4.

(2)

1944 s.9(6).

(3)

1944 s.9(7); 1992FHE s.12(1).

17(1)

1980 s.24(1).

(2)

1980 s.24(2).

1953 s.6(1).

19(1) to (4)

1993 s.298(1) to (4).

(5) to (7)

1993 s.298(6) to (8).

1993 s.3.

1993 s.4.

Drafting.

1993 s.8.

1993 s.9.

1993 s.6.

1993 s.5.

1993 s.12.

1993 s.20.

29(1)

1944 s.92.

(2)

1993 s.7(3).

(3), (4)

1993 s.21(2), (3).

(5)

1980 s.8(5B), (7); 1992(S) Sch.4 para.4.

(6)

1980 s.9(1).

30(1), (2)

1993 s.7(1), (2).

(3)

1993 s.7(4).

(4)

1993 s.21(1).

(5)

1993 s.21(3).

31(1), (2)

1944 s.9(2).

(3)

1944 s.9(2); 1993 s.298(5).

32(1)

1944 s.15(1).

(2)

1944 s.15(2); 1986 Sch.4 para.1.

(3), (4)

Drafting.

(5)

1944 s.114(1), Sch.3 para.11.

(6)

Drafting.

34(1)

1944 s.114(1) (“maintain”), (2); 1993 s.305(1) (“local education authority”); drafting.

(2)

1944 s.114(2).

(3)

1944 s.114(2); 1946 Sch.1 para.1.

(4)

1944 s.114(2); 1946 Sch.1 para.1.

(5)

Rating and Valuation Act 1961 (c.45) s.12(6).

35(1)

1980 s.12(1); 1993 s.229(1).

(2)

1980 s.16(1A); 1993 Sch.19 para.78; Law Com. Rec. No. 3.

(3)

1980 s.12(2).

(4)

1980 s.12(2A); 1988 s.31(4).

(5)

1980 s.12(1A); 1993 s.229(1).

(6)

1992FHE s.59(3), (4).

(7)

1993 ss.272(6), 273(1).

(8)

1993 s.273(2).

36(1)

1980 s.12(3); 1993 s.229(2).

(2)

1980 s.12(3).

(3)

1993 s.229(3).

(4)

1980 s.12(3).

(5), (6)

1980 s.16(3A), (3B); 1988 Sch.12 para.81.

37(1)

1980 s.12(4), (5); 1993 s.273(4).

(2)

1980 s.12(4).

(3)

1980 s.12(5).

(4)

1993 s.273(3).

(5)

1980 s.12(6).

(6)

1980 s.12(4).

(7)

1993 s.273(4).

(8)

1993 s.273(5).

(9)

1993 s.273(6).

38(1), (2)

1980 s.12(7).

(3)

1980 s.12(8).

39(1), (2)

1980 s.14(1).

(3)

Drafting.

40(1)

1980 s.12(9).

(2)

1980 s.14(3).

(3)

1980 s.12(9).

(4), (5)

1980 s.16(1).

41(1)

1980 s.13(1).

(2)

1980 s.13(1); 1993 s.230(1).

(3)

1980 s.16(1A); 1993 Sch.19 para.78; Law Com. Rec. No. 3.

(4)

1980 s.13(1A); 1992FHE s.12(2).

(5), (6)

1980 s.13(2); 1988 s.31(5).

(7)

1980 s.13(1B); 1993 s.230(1).

(8)

1992FHE s.59(3), (4).

(9)

1993 s.273(2).

42(1)

1980 s.13(3); 1993 s.230(2).

(2)

1980 s.13(3).

(3)

1980 s.13(3A); 1993 s.230(3).

(4)

1993 s.230(6).

(5), (6)

1980 s.16(3A), (3B); 1988 Sch.12 para.81.

43(1), (2)

1980 s.13(4).

(3) to (6)

1993 s.273(3) to (6).

(7)

Law Com. Rec. No. 4.

44(1)

1980 s.14(1); 1993 Sch.19 para.77.

(2)

1980 s.14(1).

(3), (4)

1980 s.14(2); Law Com. Rec. No. 4.

45(1)

1980 s.13(5); Law Com. Rec. No. 4.

(2)

1980 s.13(6); 1993 s.230(4).

(3)

1980 s.14(3).

(4)

1980 s.13(7).

(5), (6)

1980 s.16(1).

(7)

1980 s.13(8); 1993 s.230(5).

46(1)

1944 s.16(2); 1980 Sch.3 para.1.

(2)

1944 s.16(2).

(3)

1944 s.16(2).

(4)

1944 s.16(3).

(5)

1944 s.16(3).

47(1)

1944 s.16(1).

(2)

1946 Sch.1 para.2(1); Law Com. Rec. No. 5.

(3), (4)

1944 s.16(3).

48(1)

1944 s.15(2); 1986 Sch.4 para.1.

(2)

1944 s.15(2); 1993 Sch.19 para.7.

(3)

1944 s.105(3).

(4)

1944 s.105(3); 1993 Sch.19 para.23(b).

1964 s.1(1); 1968 s.2; 1980 Sch.3 para.11.

50(1)

1946 s.2(1).

(2)

1946 s.2(1), (7).

(3)

1946 s.2(7).

(4)

1946 s.2(2); 1980 Sch.3 para.7.

(5)

1946 s.16(1) (“department”).

51(1)

1946 ss.2(1).

(2), (3)

1946 s.2(3), (4).

(4)

1946 s.2(1), (7).

(5)

1946 s.2(7).

(6)

1946 s.2(2); 1980 Sch.3 para.7.

(7)

1946 s.2(8).

(8)

1946 s.16(1) (“department”).

52(1)

1986 s.54(3).

(2)

1986 s.54(4).

(3)

1986 s.54(3).

53(1), (2)

1986 s.54(5).

(3), (4)

1986 s.54(13), (14); 1988 Sch.12 para.102.

54(1)

1986 s.54(1).

(2)

1986 s.54(2); Law Com. Rec. No. 6.

(3)

1986 s.54(7).

(4)

1986 s.54(6).

(5), (6)

1986 s.54(12).

1986 s.54(8) to (11).

56(1)

1986 s.55(1), (2).

(2)

1986 s.55(2).

(3)

1986 s.55(1).

(4), (5)

1986 s.55(3), (4).

57(1)

1944 s.15(4); 1946 s.2(5), Sch.1 para.2(1).

(2)

1944 s.15(4); 1946 Sch.1 para.2(1).

(3)

1944 s.15(4A); 1946 Sch.1 para.2(2); 1993 s.282(2), (4).

(4)

1944 s.15(4); 1946 s.2(5), Sch.1 para.2(1); drafting.

58(1)

1944 s.15(5).

(2)

1944 s.15(5); 1993 Sch.19 para.7.

(3)

Drafting.

59(1)

1944 s.15(3).

(2)

1944 s.15(3); 1946 Sch.2 Pt.II.

(3)

1944 s.15(3); 1946 Sch.2 Pt.II.

(4)

1944 s.15(3); 1946 Sch.2 Pt.II.

(5)

1946 Sch.1 para.2(1).

60(1)

1946 Sch.1 para.1; 1980 Sch.3 para.8.

(2), (3)

1946 Sch.1 para.6.

(4) to (6)

1946 Sch.1 para.7.

(7)

Reverter of Sites Act 1987 (c.15) s.8(1).

61(1)

1946 Sch.1 para.1; 1980 Sch.3 para.8.

(2), (3)

1946 Sch.1 para.6.

(4)

1946 Sch.1 para.3.

(5)

1946 Sch.1 para.4.

(6)

1946 Sch.1 para.5.

62(1)

1946 s.16(1) (“site”).

(2), (3)

1946 Sch.1 para.8.

(4)

1946 Sch.1 para.9; 1992FHE Sch.8 para.14.

63(1)

1953 s.2; 1980 Sch.3 para.9.

(2)

1953 s.2.

(3)

1953 s.2; 1988 s.114, Sch.12 para.8.

64(1)

1946 s.1(1); 1953 s.3; 1968 Sch.1 para.6; 1980 Sch.3 para.6.

(2)

1946 s.1(1).

(3)

1946 s.1(1); 1953 s.3; 1967 s.2.

1993 s.281.

1988 s.212.

67(1), (2)

1944 s.105(1).

(3)

1944 s.105(2); 1968 Sch.1 para.4(2); 1993 Sch.19 para.23(a).

(4)

1944 s.105(2); 1993 Sch.19 para.23(a).

1993 s.282(1).

1993 s.283.

1993 s.284.

1944 s.99(3).

1944 s.65.

1946 s.4(1).

1946 s.6.

1993 s.285.

76(1)

1986 s.1(1).

(2)

1986 s.1(2).

(3), (4)

1986 s.1(3), (5).

(5)

1986 s.1(6).

77(1) to (7)

1986 s.2.

(8)

Drafting.

78(1)

1986 s.65(1) (“co-opted governor”).

(2)

1944 s.114(1) (“foundation governors”); 1980 Sch.1 para.13(a).

(3)

1986 s.65(1) (“parent governor”).

(4)

1986 s.65(1) (“teacher governor”).

(5)

1986 s.65(1) (“parent governor”; “teacher governor”).

79(1), (2)

1986 s.3(1) to (5).

(3), (4)

1986 s.3(6), (7).

80(1)

1986 s.7(1).

(2)

1986 s.7(2); National Health Service and Community Care Act 1990 (c.19) Sch.9 para.31; 1995HA Sch.1 para.112.

(3) to (5)

1986 s.7(3) to (5).

(6)

1986 s.7(6).

(7)

1986 s.7(6).

(8)

1986 s.7(6).

(9)

1986 s.7(7).

81(1)

1986 s.5(1).

(2)

1986 s.5(3).

(3)

1986 s.5(2).

(4), (5)

1986 s.5(4).

82(1)

1986 s.11(1).

(2)

1986 s.11(2).

(3)

1986 s.11(2); 1993 Sch.19 para.91(a); Law Com. Rec. No. 3.

(4)

1986 s.11(3); 1993 Sch.19 para.91(d); Law Com. Rec. No. 7.

(5), (6)

1986 s.11(4), (5).

(7)

1986 s.11(6); 1993 Sch.19 para.91(d); Law Com. Rec. No. 7.

1986 s.14.

84(1)

1986 s.4(1), (2).

(2)

1986 s.4(3).

(3)

1986 s.4(2).

(4) to (6)

1986 s.4(4) to (6).

1986 s.4A; 1993 s.271(1).

1986 s.13(1) to (3).

87(1)

1986 s.13(4).

(2)

1986 s.13(7), (9).

(3)

1986 s.13(8).

(4)

1986 s.13(5).

(5)

1986 s.13(6), (9).

88(1)

1993 s.238(1), (8); drafting.

(2)

Drafting.

89(1)

1986 s.9(1).

(2)

1986 s.9(1A); 1993 s.271(3)(a).

(3)

1986 s.9(2).

(4)

1986 s.9(3).

(5), (6)

1986 Sch.1 para.1(1), (2).

90(1), (2)

1986 s.10(1).

(3)

1986 s.10(3).

(4)

1986 s.10(2).

(5)

1986 s.10(4).

(6)

1986 s.10(7).

91(1)

1986 s.10(5).

(2)

1986 s.10(6).

92(1)

1986 Sch.1 para.2(1).

(2)

1986 Sch.1 para.2(1).

(3)

1986 Sch.1 para.2(2).

(4)

1986 Sch.1 para.2(3).

1986 Sch.1 para.3.

94(1)

1986 s.9(4).

(2)

1986 s.9(5); 1993 Sch.19 para.90; Law Com. Rec. No. 8.

(3)

1986 s.9(4).

95(1)

1986 s.9(6).

(2)

1986 s.9(7).

(3)

1986 s.9(7); 1993 s.271(3)(b).

(4)

1986 s.9(8).

96(1)

1986 s.12(1); 1993 Sch.19 para.92(a).

(2)

1986 s.12(2); 1993 Sch.19 para.92(b).

(3)

1986 s.12(4); 1993 Sch.19 para.92(d).

(4)

1986 Sch.2 para.5(2); 1993 Sch.19 para.109(c).

(5)

1986 Sch.2 para.5(1).

97(1)

1986 s.12(1), (2), (9).

(2)

1986 s.12(4).

(3)

1986 ss.12(5), (9), 65(1) (“promoters”); Law Com. Rec. No. 9.

(4)

1986 ss.12(6), (9), 65(1) (“promoters”); Law Com. Rec. No. 9.

(5)

1986 ss.12(7), 65(1) (“promoters”); Law Com. Rec. No. 9.

(6)

1986 s.12(8).

(7)

1986 Sch.2 para.5(2).

(8)

1986 Sch.2 para.5(1).

Drafting.

99(1)

1986 Sch.2 para.3(1).

(2)

1986 Sch.2 para.3(7).

(3)

Drafting.

100(1), (2)

Law Com. Rec. No. 10.

(3)

1986 Sch.2 para.3(6).

(4)

1986 Sch.2 para.3(6); drafting.

101(1)

1988 s.51(2)(a)(i); 1993 s.274(4).

(2)

1988 s.51(2)(a)(ii).

(3)

1988 s.33(2), (4); 1992FHE s.12(5).

(4)

1988 s.33(4); 1992FHE s.12(5).

(5)

1988 s.33(5).

(6)

1988 s.51(2)(b).

102

1988 s.33(3).

103

1988 s.33(1), (2).

104(1), (2)

1988 s.34(1), (2).

(3)

1988 s.34(4); 1993 s.274(1).

(4) to (6)

1988 s.34(5) to (7)

105(1)

1988 s.33(4).

(2)

1988 s.33(5).

(3)

1988 ss.33(4), 38(4), 51(1) (“expenditure of a capital nature”).

106(1)

1988 s.38(1).

(2)

1988 s.38(1), (2).

(3)

1988 s.38(2).

(4)

1988 s.38(3).

(5)

1988 s.38(3A); 1992FHE s.12(7).

(6)

1988 s.33(5).

107(1)

1988 s.39(1); S.I. 1991/1890; S.I. 1992/110.

(2)

1988 s.39(4); S.I. 1991/1890; S.I. 1992/110.

108

1988 s.39(10).

109(1)

1988 s.39(11).

(2)

1988 s.39(12).

(3)

1988 s.39(11).

110(1)

1988 s.40(1).

(2)

1988 s.40(2); 1993 s.274(3).

(3) to (5)

1988 s.40(3) to (5).

111

1988 s.35(1), (2); 1993 s.274(2).

112(1) to (3)

1988 s.35(3); 1993 s.274(2).

(4)

1988 s.35(4); 1993 s.274(2).

113(1), (2)

1988 s.35(5); 1993 s.274(2).

(3), (4)

1988 s.35(6); 1993 s.274(2).

(5)

1988 s.35(4); 1993 s.274(2).

114

1988 s.35(7), (8); 1993 s.274(2).

115

1988 s.33(6)(a), (b).

116(1) to (3)

1988 s.36(1) to (3).

(4)

1988 s.36(4); 1993 Sch.19 para.125(a).

(5)

1988 s.36(5).

(6)

1988 s.36(5A); 1992FHE s.12(6).

(7)

1988 s.36(5B); 1993 Sch.19 para.125(b).

(8)

1988 s.36(6).

117(1)

1988 s.37(1).

(2), (3)

1988 s.37(2).

(4), (5)

1988 s.37(3).

(6)

1988 s.37(4).

118(1) to (3)

1988 s.37(5).

(4), (5)

1988 s.37(6), (7).

119

1988 s.37(8), (9).

120

1988 s.43; 1993 s.276.

121

1988 s.42(1).

122(1), (2)

1988 s.42(2), (3).

(3)

Drafting.

(4)

1988 s.42(4); 1993 s.275(1)(c).

(5)

1988 s.42(7).

(6)

1988 s.42(8); 1993 s.275(1)(d).

(7)

1988 s.42(9).

123

1988 s.42A; 1993 s.275(2).

124(1)

1988 s.50(2), (5).

(2)

1988 s.50(3)

(3)

Drafting.

(4)

1988 s.50(6).

(5)

1988 s.50(10).

(6) to (8)

1988 s.50(7) to (9).

125(1)

1988 s.49(1).

(2), (3)

1988 s.49(2).

(4)

1988 s.49(3).

126

Drafting.

127(1), (2)

1986 s.1(1), (2).

(3), (4)

1986 s.1(4), (5).

128(1) to (3)

1986 s.2(1) to (3).

(4) to (6)

1986 s.2(5) to (7).

(7)

Drafting.

129(1)

1988 s.51(3).

(2), (3)

1988 s.51(4), (5).

(4)

1988 s.51(4).

(5)

1988 s.51(6).

130

1986 s.16(1).

131

1986 s.16(2).

132

1986 s.16(3); Law Com. Rec. No. 11.

133(1) to (3)

1986 s.34.

(4)

Drafting.

(5)

1986 s.35(1).

(6)

Drafting.

134(1)

1944 s.24(2).

(2), (3)

1944 s.24(2), proviso (a).

(4)

1944 s.24(2), proviso (b).

(5)

1944 s.22(4); 1986 Sch.4 para.2; 1993 Sch.13 para.4(6).

(6)

1944 s.22(5); 1993 Sch.13 para.4(4).

(7)

Drafting.

135(1) to (4)

1986 s.40(1) to (4).

(5), (6)

1986 s.40(6), (7).

(7)

Drafting.

(8)

1986 s.40(5).

136(1), (2)

1988 s.44(1), (2); Law Com. Rec. No. 12.

(3)

1988 s.44(3), (5).

137(1), (2)

1988 s.45(1), (2).

(3), (4)

1988 s.45(3).

(5)

1988 s.45(9).

(6)

1988 s.45(10).

138(1)

1988 s.45(1), (4).

(2)

1988 s.45(6).

(3)

1988 s.45(5).

(4)

1988 s.45(7).

(5)

1988 s.45(8).

139(1), (2)

1988 s.46(2).

(3) to (6)

1988 s.46(3) to (6).

(7)

1988 s.235(2)(f); 1996ER Sch.1 para.37(5).

140

1988 s.47.

141(1)

1988 ss.44(4), 45(11).

(2)

1988 s.44(4); Law Com. Rec. No. 12.

(3)

1988 s.45(11).

(4)

1988 s.51(6).

142

Drafting.

143(1), (2)

1944 s.27(2).

(3)

1944 s.27(2) proviso.

(4) to (6)

1944 s.27(3) to (5); 1988 Sch.1 para.2(1).

(7)

Drafting.

144(1), (2)

1944 s.28(3), Sch.3 para.7; 1988 Sch.1 para.3(2).

(3)

1944 s.28(4); 1988 Sch.1 para.3(2).

(4)

Drafting.

145

1944 s.28(2); 1988 Sch.1 para.3(2).

146(1)

1944 s.30.

(2) to (4)

1944 s.30; 1988 Sch.1 para.4(b).

147(1)

1986 s.21(1); 1988 s.115; S.I. 1996/951 art.3(1).

(2)

1986 s.21(4); 1988 s.115.

(3)

1986 s.21(4); 1988 s.115; S.I. 1996/951 art.3(1).

148(1) to (4)

S.I. 1996/951 art.3(2) to (5).

(5)

Drafting.

149(1), (2)

1986 s.42(1), (2); 1993 Sch.13 para.5.

(3), (4)

1986 s.42(3); 1993 Sch.13 para.5.

(5)

1986 s.42(4); 1993 Sch.13 para.5; S.I. 1996/951 art.5.

150(1)

1944 s.22(3); 1993 Sch.13 para.4(2), (6).

(2)

1944 s.22(1).

(3)

1944 s.22(5); 1993 Sch.13 para.4(4).

151(1) to (3)

1944 s.22(3A) to (3C); 1993 Sch.13 para.4(3).

(4), (5)

1944 s.22(3D); 1993 Sch.13 para.4(3).

(6)

1944 s.22(3E); 1993 Sch.13 para.4(3).

(7)

1944 s.22(6); 1978IA s.17(2)(a); 1993 Sch.13 para.4(5).

(8)

Drafting.

152(1), (2)

1944 s.22(1); 1993 Sch.13 para.4(6).

(3), (4)

1944 s.22(2); 1993 Sch.13 para.4(6).

(5)

Drafting.

153

1986 s.21(5); 1988 s.115.

154(1)

1986 s.22.

(2)

1986 s.22(d).

(3)

1986 s.22(a); 1993 Sch.19 para.95.

(4)

1986 s.22(b).

(5)

1986 s.22(c).

(6)

1986 s.22(e).

155

1986 s.28.

156(1)

1986 s.22(f).

(2), (3)

1993 s.261(1), (2).

157(1)

Law Com. Rec. No. 13.

(2)

1986 s.23(a); Law Com. Rec. No. 13.

(3)

1986 s.23(b).

(4)

1986 s.23(a), (b); Law Com. Rec. No. 13.

(5)

1986 s.23(a); Law Com. Rec. No. 13.

158

Drafting.

159(1) to (4)

1986 s.26(1) to (4).

(5), (6)

1986 s.26(5).

(7)

1986 s.26(1), (2).

160

1986 s.27.

161(1)

1986 s.30(1).

(2)

Drafting.

(3)

1986 s.30(3).

(4)

1986 s.30(4).

162(1), (2)

1986 s.31(1), (2).

(3)

Drafting.

163

1986 s.31(7), (8).

164(1)

1986 Sch.1 paras.4, 5.

(2)

1986 Sch.1 para.4(1).

(3)

1986 Sch.1 para.4(2).

(4) to (7)

1986 Sch.1 para.5.

165

1986 s.32.

166

Drafting.

167(1)

1980 s.12(1).

(2)

1980 s.12(2).

(3)

1993 s.273(1).

(4)

1980 s.12(1A); 1993 s.229(1).

(5)

1992FHE s.59(3), (4).

(6)

1993 s.273(2).

168(1)

1980 s.12(3); 1993 s.229(2).

(2)

1980 s.12(3).

(3)

1993 s.229(3).

(4)

1980 s.12(3).

(5), (6)

1980 s.16(3A), (3B); 1988 Sch.12 para.81.

169(1)

1980 s.12(4), (5); 1993 s.273(4).

(2)

1980 s.12(4).

(3)

1980 s.12(5).

(4)

1993 s.273(3).

(5)

1980 s.12(6).

(6)

1993 s.273(4), (5)(a).

170(1), (2)

1980 s.12(7).

(3)

1980 s.12(8).

171

1980 s.12(9).

172

1980 s.16(1).

173(1)

1944 s.14(1).

(2)

1944 s.14(1), 114(1) (“former authority”); 1946 Sch.2 Pt.II.

(3)

1944 s.14(1); 1946 Sch.2 Pt.II.

(4)

1992FHE s.59(3), (4).

(5)

1993 s.273(2).

(6)

1944 s.14(2).

(7)

1944 s.14(5).

(8)

Drafting.

174(1)

1944 s.14(3).

(2), (3)

1944 s.14(4).

175

1992FHE s.59(1), (2).

176

1986 s.16A; FHE 1992 s.12(3).

177

Drafting.

178

1988 s.222.

179(1)

1973 s.1(2); 1980 Sch.3 para.17; Law Com. Rec. No. 3.

(2)

1973 s.1(2).

180

1980 s.5.

181(1)

1986 Sch.2 para.1 (“new school”); 1988 s.48(2).

(2)

1986 Sch.2 para.1 (“relevant proposal”); 1988 s.48(2).

(3)

1988 s.48(2) (“temporary governing body”); drafting.

182

1986 s.65(2).

183

1993 s.22.

184

1993 s.23.

185

1993 s.24.

186

1993 s.25.

187

1993 s.26.

188

1993 s.27.

189

1993 s.28.

190(1)

1993 s.29(1).

(2)

1993 s.29(2); Law Com. Rec. No. 14.

(3)

1993 s.29(3).

191

1993 s.30.

192

1993 s.31.

193

1993 s.32.

194

1993 s.33.

195

1993 s.34.

196

1993 s.35.

197

1993 s.36.

198(1) to (5)

1993 s.272(1) to (5).

(6)

1964 s.1(1); 1993 Sch.19 para.38.

199(1) to (3)

1993 s.273(3) to (5).

(4)

1993 s.273(7).

200

1993 s.37.

201(1) to (8)

1993 s.38(1) to (8).

(9)

1993 s.155(8).

(10)

1993 s.38(9).

202

1993 s.39.

203

1993 s.40.

204

1993 s.41.

205

1993 s.42.

206

1993 s.43.

207

1993 s.44.

208

1993 s.45.

209

1993 s.46.

210

1993 s.47(1) to (4).

211

1993 s.48.

212

1993 s.49(1) to (3).

213

1993 s.50.

214

1993 s.51.

215

1993 s.52.

216

1993 s.53.

217

1993 s.54.

218

1993 s.55.

219(1) to (3)

1993 s.56.

(4)

1993 s.301(5).

220

1993 s.57.

221

1993 s.58.

222

1993 s.59.

223

1993 s.60.

224

1993 s.61.

225

1993 s.62.

226

1993 s.63.

227

1993 s.64.

228

1993 s.65.

229

1993 s.66.

230

1993 s.67.

231(1) to (4)

1993 s.68(1) to (4)

(5) to (7)

1993 s.68(5) to (7); 1996N s.7(2) to (4).

(8)

1993 s.68(8).

232

1993 s.69.

233

1993 s.70.

234

1993 s.71.

235

1993 s.72.

236

1993 s.73.

237

1993 s.74.

238

1993 s.75.

239

1993 s.76.

240

1993 s.77.

241

1993 s.78.

242

1993 s.79.

243

1993 s.80.

244

1993 s.81.

245

1993 s.82.

246

1993 s.83.

247

1993 s.84.

248

1993 s.85.

249

1993 s.86.

250

1993 s.87.

251

1993 s.88.

252

1993 s.89.

253

1993 s.90.

254

1993 s.91.

255

1993 s.92.

256

1993 s.93(1) to (6).

257

1993 s.94.

258

1993 s.95.

259

1993 s.96; Law Com. Rec. No. 3.

260

1993 s.97; Law Com. Rec. No. 3.

261

1993 s.98.

262

1993 s.99.

263

1993 s.100; Law Com. Rec. No. 3.

264

1993 s.101.

265

1993 s.102.

266

1993 s.103(2), (3).

267

1993 s.104.

268

1993 s.105.

269

1993 s.106.

270

1993 s.107.

271

1993 s.108.

272

1993 s.109.

273

1993 s.110.

274

1993 s.111.

275

1993 s.112.

276

1993 s.113.

277

1993 s.114.

278

1993 s.115.

279

1993 s.116.

280

1993 s.117.

281

1993 s.118.

282

1993 s.119.

283

1993 s.120.

284

1993 s.121.

285

1993 s.122.

286

1993 s.123.

287

1993 s.124.

288

1993 s.125.

289

1993 s.126.

290(1) to (7)

1993 s.127(1) to (7).

(8), (9)

1993 s.127(8).

(10), (11)

1993 s.127(9), (10).

(12)

1993 s.305(1).

(13)

1993 s.127(11).

291

1964 s.1(1); 1993 Sch.19 para.38.

292(1)

1993 s.231(1); drafting.

(2)

1993 s.232(2).

293

1993 s.128.

294

Drafting.

295

1993 s.129.

296(1)

1993 s.130(1).

(2)

1993 s.130(2); 1996N Sch.3 para.11.

297

1993 s.131.

298

1993 s.132.

299

1993 s.133.

300

1993 s.134.

301

1993 s.135.

302

1993 s.136.

303

1993 s.137.

304

1993 s.143.

305

1993 s.144.

306

1993 s.145.

307(1), (2)

1993 s.261(1), (2).

308(1)

1993 ss.267(1), 268(1).

(2)

1993 s.267(2).

(3)

1993 s.268(2).

309

1993 s.152.

310

1993 s.154.

311(1)

1993 ss.155(1) (“premises”), 305(1) (“Church in Wales school”; “Church of England school”; “Roman Catholic Church school”).

(2)

1993 s.305(4).

(3)

1993 s.155(2).

(4)

1993 s.155(3).

(5)

1993 s.155(6).

(6)

1993 s.155(7)

(7)

Drafting.

(8)

1993 s.155(11).

312(1) to (4)

1993 s.156(1) to (4).

(5)

1993 ss.156(5), 305(1) (“maintained school”).

313(1) to (4)

1993 s.157.

(5)

Drafting.

314

1993 s.158.

315

1993 s.159.

316

1993 s.160.

317(1) to (5)

1993 s.161(1) to (5).

(6), (7)

1993 s.161(6), (7); Disability Discrimination Act 1995 (c.50) s.29(2).

318(1), (2)

1993 s.162(1), (2)

(3)

1993 s.162(2A); 1996N Sch.3 para.12.

(4)

1993 s.162(3).

319

1993 s.163.

320

1993 s.164.

321

1993 s.165.

322(1)

1993 s.166(1); 1995HA Sch.1 para.124(2).

(2)

1993 s.166(2)

(3)

1993 s.166(3); 1995HA Sch.1 para.124(2).

(4)

1993 s.166(4).

(5)

1993 s.166(5); 1994LG(W) Sch.16 para.105(1); Local Government Changes for England Regulations 1994 (S.I. 1994/867) reg.5(6); Local Government Changes for England (Amendment) Regulations 1996 (S.I. 1996/611) reg.2.

323

1993 s.167.

324

1993 s.168.

325

1993 s.169.

326

1993 s.170.

327

1993 s.171.

328

1993 s.172.

329

1993 s.173.

330

1993 s.174.

331

1993 s.175.

332

1993 s.176; 1995HA Sch.1 para.124(3).

333

1993 s.177.

334

1993 s.178.

335

1993 s.179.

336

1993 s.180; Arbitration Act 1996 (c.23) Sch.3 para.59.

337(1)

1993 s.182(1).

(2)

Drafting.

(3), (4)

1993 s.182(2), (3).

338(1)

1993 s.183(1).

(2)

Drafting.

339

1993 s.183(2) to (10).

340

1993 s.184.

341

1993 s.185.

342

1993 s.188.

343

1993 s.231.

344(1)

Drafting.

(2)

1993 s.182(4).

345

1993 s.186.

346

1993 s.187.

347

1993 s.189.

348

1993 s.190

349

1993 s.191.

350(1)

1988 s.25(1) (“maintained school”); 1993 s.245(5).

(2)

1988 s.25(1) (“assess”).

351(1)

1988 s.1(2).

(2) to (5)

1988 s.1(1).

352(1)

1988 ss.2(1), 8(2); 1993 s.241(1), Sch.19 para.114.

(2)

1988 s.2(3).

(3)

1944 s.114(1) (“sex education”); 1993 s.241(2).

353

1988 s.2(2); 1993 ss.240(1), 245(5).

354(1)

1988 s.3(1).

(2)

1988 s.3(2); S.I. 1992/1548 art.2; S.I. 1994/1814 art.2(2) to (4).

(3) to (5)

1988 s.3(2A), (2B); S.I. 1994/1814 art.2(5).

(6)

1988 s.3(4).

(7)

1988 s.3(6) (“school”).

(8)

1988 s.3(7).

355(1)

1988 s.3(3); 1993 Sch.19 para.113.

(2)

1988 s.3(4).

(3)

1988 s.3(5).

(4)

1988 s.3(5A); 1993 s.240(2).

(5)

1988 s.3(6) (“class”; “school year”); 1993 s.240(3).

356(1) to (4)

1988 s.4(1) to (4).

(5) to (8)

1988 s.4(5) to (8); 1993 s.240(4).

(9)

1993 s.241(4).

357(1)

1988 s.10(2).

(2)

1988 s.10(3).

358

1993 s.244.

359(1)

1993 s.245(1).

(2)

1993 s.245(4).

(3)

1993 s.245(3).

(4)

1993 s.245(2).

(5)

1993 s.245(5).

360(1)

1988 s.14(1); 1993 s.253(1).

(2) to (4)

1988 s.14(2); 1993 Sch.15 para.4(3), Sch.19 para.118(a).

(5)

1988 s.14(7).

361(1)

1988 s.14(3); 1993 Sch.15 para.4(3), Sch.19 para.118(b); Education (School Curriculum and Assessment Authority) (Transfer of Functions) Order 1994 (S.I. 1994/645); Education (School Curriculum and Assessment Authority) (Transfer of Functions) Order 1995 (S.I. 1995/903).

(2)

1988 s.14(5); 1993 Sch.15 para.4(3), Sch.19 para.118(c).

(3), (4)

1988 s.14(6); 1993 Sch.15 para.4(3), Sch.19 para.118(d).

(5)

Drafting.

362(1), (2)

1988 s.16(1), (2).

(3), (4)

1988 s.16(3); 1993 Sch.19 para.119(a).

(5), (6)

1988 s.16(4), (5).

(7)

1988 s.16(6); 1993 Sch.15 para.4(4), Sch.19 para.119(b).

363

1988 s.17.

364

1988 s.18; 1993 Sch.19 para.120.

365(1)

1988 s.19(1).

(2) to (4)

1988 s.19(2).

(5)

1988 s.19(1).

(6)

1988 s.19(10).

366(1)

1988 s.19(3).

(2)

1988 s.19(4).

(3)

1988 s.19(4); 1993 Sch.19 para.121(a); Law Com. Rec. No. 15.

(4)

Law Com. Rec. No. 15.

(5)

1988 s.19(5); Law Com. Rec. No. 15.

(6)

1988 s.19(6); 1993 Sch.19 para.121(b); Law Com. Rec. No. 15.

(7)

Law Com. Rec. No. 15.

367(1)

1988 s.19(7).

(2), (3)

1988 s.19(8).

(4)

1988 s.19(9).

368(1)

1988 ss.20(1), 21(1).

(2)

1988 ss.20(2), 21(2); 1993 s.243.

(3)

1988 ss.20(3), 21(3); 1993 s.243.

(4), (5)

1988 ss.20(4), 21(3A); 1993 s.243.

(6), (7)

1988 ss.20(5), 21(3B); 1993 s.243.

(8)

1988 ss.20(6), 21(4).

(9)

1993 s.242(1), (3).

(10)

1988 ss.20(2), 21(2); 1993 Sch.15 para.4(5), Sch.19 para.122; drafting.

369

1988 s.227(1).

370(1)

1986 s.17(1)

(2), (3)

1986 s.17(2), (3).

371(1), (2)

1986 s.18(1).

(3)

1986 s.18(2).

(4)

1986 s.18(3).

(5)

1986 s.18(7); 1993 Sch.19 para.94.

(6)

1986 s.18(8).

(7)

1986 s.18(7); Law Com. Rec. No. 3.

(8)

Drafting.

372(1)

1986 s.18(5).

(2) to (4)

1986 s.18(6).

(5)

Drafting.

373(1), (2)

1986 s.19.

374

Drafting.

375(1)

Drafting.

(2)

1944 s.114(1) (“agreed syllabus”); 1988 Sch.1 para.6.

(3)

1988 s.8(3).

(4)

1944 s.114(1) (“agreed syllabus”), Sch.5 para.11; 1988 Sch.1 para.6.

(5)

1988 s.8(3).

376(1)

1944 s.26(1); 1988 Sch.1 para.1.

(2)

1944 s.26(2); 1988 Sch.1 para.1.

(3)

1944 s.26(3), (4); 1988 Sch.1 para.1; 1993 Sch.19 para.9.

377(1)

1944 s.27(6); 1988 Sch.1 para.2(2).

(2)

1944 s.27(1); 1988 Sch.1 para.2(1).

378(1)

1944 s.28(1); 1988 Sch.1 para.3(1).

(2), (3)

1944 s.28(1B); 1988 Sch.1 para.3(1).

(4)

1944 s.28(1C); 1988 Sch.1 para.3(1).

(5)

1944 s.28(1A); 1988 Sch.1 para.3(1).

379(1)

1993 s.138(1).

(2) to (4)

1993 s.138(9) to (11).

380

1993 s.139.

381

1993 s.140.

382

1993 s.142.

383

1993 s.141.

384

1988 s.10(1).

385(1)

1988 s.6(1), (7).

(2)

1988 s.6(2).

(3)

1988 s.6(7).

(4)

1988 s.6(3); 1993 s.138(8); Law Com. Rec. No. 16.

(5)

1988 s.6(4).

(6)

1988 s.6(5); Law Com. Rec. No. 16.

(7)

1988 s.6(6).

386(1)

1988 s.7(1); 1993 s.138(1).

(2)

1988 s.7(1); 1993 s.138(2).

(3)

1988 s.7(2); 1993 s.138(3).

(4)

1988 s.7(3); 1993 s.138(4).

(5)

1988 s.7(4); 1993 s.138(5).

(6)

1988 s.7(5); 1993 s.138(6).

(7)

1993 s.138(12).

387

1988 s.7(6); 1993 s.138(7).

388

1988 s.10(1).

389(1)

1988 s.9(3).

(2)

1988 s.9(9).

(3)

1988 s.9(4).

(4)

1988 s.9(6).

(5)

1988 s.9(7); 1993 Sch.19 para.115.

(6)

1988 s.9(8).

(7)

1988 s.9(2), (5).

390(1)

1988 s.11(1).

(2)

1988 s.11(3), (4); 1993 s.147(1).

(3)

1988 ss.11(3), 13(4).

(4)

1988 s.11(4); 1993 Sch.19 para.116(a).

(5)

1988 s.11(5).

(6)

1988 s.11(5); 1993 s.255(2).

(7)

1988 s.11(6).

391(1)

1988 s.11(1).

(2)

1988 s.11(2).

(3)

1988 s.11(7).

(4)

1988 s.11(7).

(5)

1988 s.11(8).

(6)

1988 s.11(9).

(7)

1988 s.11(10).

(8), (9)

1988 s.11(11), (12); 1993 s.147(2).

(10)

1988 s.11(13); 1993 Sch.15 para.4(2), Sch.19 para.116(b).

392(1)

1988 s.11(1).

(2)

1988 s.13(1); 1993 Sch.19 para.117.

(3)

1988 s.13(2); 1993 Sch.19 para.117.

(4)

1988 s.13(3).

(5)

1988 s.13(4).

(6)

1988 s.13(5).

(7)

1988 s.13(6).

(8)

1988 s.13(7); 1993 Sch.19 para.117.

393

1993 s.16.

394(1)

1988 ss.11(1), 12(1); 1993 s.148(a).

(2), (3)

1988 s.12(2), (3).

(4)

1988 s.12(4); 1993 s.148(b).

(5)

1988 s.12(1).

(6)

1988 s.12(9); 1993 s.148(c).

(7)

1988 s.12(10).

(8)

1988 s.12(11); 1993 s.148(d).

395(1)

1988 s.12(5).

(2)

1988 s.12(6).

(3), (4)

1988 s.12(7).

(5)

1988 s.12(8).

(6)

1988 s.12(5), (6).

(7)

1988 s.12(9); 1993 s.148(c).

(8)

1988 s.12(10).

396(1)

1988 s.12A(1), (3); 1993 s.257.

(2)

1988 s.12A(2); 1993 s.257.

397

1993 s.258.

398

1988 s.9(1), 9(1A); 1992FHE s.12(4); 1994 Sch.2 para.8(2).

399

1944 s.67(3); 1988 Sch.1 para.4, Sch.12 para.4.

400(1), (2)

1988 s.5(1).

(3)

1988 s.5(2).

(4)

1988 s.10(2).

(5)

1988 s.5(3).

401(1)

1988 s.24(1); 1992FHE Sch.8 para.28.

(2)

1988 s.24(2); 1993 Sch.19 para.124.

(3), (4)

1988 s.24(3), (4).

(5)

1988 s.235(2)(c).

402(1)

1988 s.117(1).

(2)

1988 s.117(2); 1993 s.240(5).

(3) to (5)

1988 s.117(3) to (5).

(6)

1988 s.118(7), (8).

403(1)

1986 ss.46, 46A; 1988 Sch.12 para.34.

(2)

1986 s.46.

404(1), (2)

1993 s.241(5)

(3)

1993 s.241(6)

405

1988 s.17A; 1993 s.241(3).

406(1), (2)

1986 ss.44(1), (2), 46A; 1988 Sch.12 para.34.

(3)

1986 s.44(1).

407(1)

1986 ss.45, 46A; 1988 Sch.12 para.34.

(2)

1986 s.45.

408(1)

1988 s.22(1).

(2)

1988 s.22(2); 1992(S) Sch.4 para.6(2).

(3)

1988 s.22(3); 1993 Sch.19 para.123.

(4)

1988 s.22(1); Law Com. Rec. No. 17.

(5)

1988 s.22(4).

(6)

1988 s.22(5); 1992(S) Sch.4 para.6(3), (4).

(7), (8)

1988 s.22(6), (7).

409(1) to (3)

1988 s.23(1).

(4)

1988 s.23(2).

410

1988 s.25(2); Law Com. Rec. No. 17.

411(1), (2)

1980 s.6(1), (2).

(3)

1980 s.6(3); 1988 s.30(2).

(4)

1980 s.6(4).

(5)

1980 s.6(5); 1978IA s.17(2)(a).

(6)

1988 s.26(9).

(7)

1988 s.26(10).

(8)

1980 s.38(4).

412

1986 s.33.

413(1)

1980 s.6(6); 1988 s.30(3).

(2) to (4)

1980 s.6(7) to (9); 1993 s.270.

414(1), (2)

1980 s.8(1), (2).

(3), (4)

1980 s.8(3); 1988 s.31(2).

(5)

1980 s.8(4).

(6) to (8)

1980 s.8(5), (5A), (6); 1992(S) Sch.4 para.4(1).

(9)

1980 s.8(7).

415

Drafting.

416(1)

1988 s.26(1).

(2) to (7)

1988 s.26(3) to (8).

(8)

1988 s.26(1), (3), (4).

417(1)

1988 ss.27(1), (2), 32(4).

(2), (3)

1988 s.27(3).

(4), (5)

1988 s.27(9).

418(1)

1988 ss.27(1), (2), 32(4); Education Reform Act 1988 (Commencement No.9) Order 1991 (S.I. 1991/409).

(2)

1988 s.27(3).

(3)

1988 s.27(3), (9).

419(1)

1988 s.29(7).

(2) to (5)

1988 s.29(1) to (4).

420(1) to (3)

1988 s.27(4) to (6).

(4), (5)

1988 s.27(7).

421(1)

1988 s.27(8).

(2)

1988 s.32(1).

422(1) to (6)

1986 Sch.2 para.19.

(7)

1986 s.65(1) (“promoters”), Sch.2 para.1; drafting; Law Com. Rec. No. 9.

423(1)

1980 s.7(1); 1993 Sch.19 para.73.

(2), (3)

1980 s.7(2), (3).

(4)

1980 s.7(4).

(5)

1980 s.7(5).

(6)

1980 s.38(4).

424(1)

1980 s.9(1); 1988 s.31(3).

(2)

1980 s.9(1A); 1988 s.31(3).

(3)

1980 s.9(2); 1981 Sch.3 para.14; 1992(S) Sch.4 para.4(2); 1993 Sch.19 para.74.

425

Drafting.

426

1993 s.149(1) to (4).

427

1993 s.150.

428

1993 s.151.

429

Drafting.

430(1) to (8)

1993 s.260.

(9)

1993 s.305(1) (“maintained school”).

431(1) to (6)

1993 s.13(1) to (6).

(7), (8)

1993 ss.13(7), (8), 305(1) (“maintained school”).

432

1993 s.14.

433(1), (2)

1948 s.4(2).

(3)

1948 s.4(3).

(4)

1948 s.4(3A); 1996N Sch.3 para.2.

(5)

1948 s.4(2).

434(1)

1944 s.80(1).

(2)

1944 s.80(1A); 1988 Sch.12 para.58.

(3)

1948 s.4(6).

(4)

1944 s.80(1); 1993 Sch.19 para.21.

(5)

1944 s.114(1); 1993 s.155(1), Sch.19 para.24(a)(ii).

(6)

1944 s.80(2).

435

1948 s.4(1).

436(1)

1980 s.9(1A); 1988 ss.29(5), 31(3); 1993 s.155(6).

(2)

1988 s.29(5), (6); 1993 s.149(5).

437(1) to (7)

1993 s.192(1) to (7).

(8)

1993 ss.192(8), 197(6), 198(4), 305(1) (“maintained school”).

438

1993 s.193.

439

1993 s.194.

440

1993 s.195.

441

1993 s.196.

442

1993 s.197(1) to (5).

443(1) to (3)

1993 s.198(1) to (3).

(4)

1993 s.201(2).

444(1) to (4)

1993 s.199(1) to (4).

(5)

1993 s.199(5); Units of Measurement Regulations 1995 (S.I. 1995/1804) Reg.3.

(6), (7)

1993 s.199(6), (7).

(8)

1993 s.201(2).

(9)

1993 s.199(8).

445

1993 s.200.

446

1993 s.201(1).

447

1993 s.202.

448

1993 s.203.

449

1988 s.118(7).

450(1)

1988 s.106(1).

(2)

1988 s.106(1A); 1992FHE s.12(9); 1994 Sch.2 para.8(3).

451(1), (2)

1988 s.106(2).

(3)

1988 s.106(3), (4); 1993 s.280.

(4)

1988 s.106(4).

(5)

1988 s.106(3), (4); 1993 Sch.19 para.127.

452(1) to (4)

1988 s.107(1) to (4).

(5)

1988 s.107(5), (6).

(6)

1988 s.106(9).

453(1)

1988 s.106(5).

(2), (3)

1988 s.108.

454(1)

1988 s.106(6).

(2)

1988 s.118(3).

(3), (4)

1988 s.106(7), (8).

455(1)

1988 s.109(1).

(2)

1988 s.109(2).

(3)

1988 ss.109(2), 110(5).

456(1)

1988 s.109(3); 1978IA s.17(2)(a).

(2) to (8)

1988 s.109(4) to (10).

457(1)

1988 s.110(1); 1993 Sch.19 para.128.

(2), (3)

1988 s.110(2).

(4)

1988 s.110(3); Disability Living Allowance and Disability Working Allowance Act 1991 (c.21) Sch.3 para.12; Jobseekers Act 1995 (c.18) Sch.2 para.17.

(5)

1988 s.110(4).

458(1) to (4)

1988 s.111(1) to (3) and (5); 1993 Sch.19 para.129.

(5)

1988 s.111(6).

459

1988 s.118(5).

460(1), (2)

1988 s.118(1), (2).

(3)

1988 s.118(4).

461

1988 s.118(6).

462(1)

1988 s.118(7)(a), (e).

(2)

1988 s.106(10).

(3)

1988 s.106(11).

(4)

1988 s.118(7)(d).

(5)

1988 s.118(7)(d), (8).

463

1944 s.114(1) (“independent school”); 1980 s.34(1); 1988 Sch.12 para.7.

464(1) to (3)

1944 s.70(1); Transfer of Functions (Education and Employment) Order 1995 (S.I 1995/2986) art.11(2).

(4)

Drafting.

465(1)

1944 s.70(1).

(2)

1944 s.70(1) proviso (a).

(3)

1944 s.70(1) proviso (b).

(4)

1944 s.114(1) (“provisionally registered school”; “registered school”).

466(1)

1944 s.70(3).

(2)

1944 s.70(3A); 1980 s.34(6).

(3)

1944 s.70(3).

467(1)

1944 s.70(4); 1980 s.34(7).

(2)

1944 s.70(4A); 1993 s.292(2).

(3)

1944 s.70(4); 1980 s.34 (7).

(4)

Drafting.

468

1944 s.71(4); 1993 s.290(1).

469(1)

1944 s.71(1); Children Act 1989 (c.41) Sch.13 para.9; 1993 s.290(2).

(2), (3)

1944 s.71(1).

(4)

1944 s.71(2); 1993 s.290(2).

(5)

1944 s.71(3).

(6)

1944 s.71(5); 1993 s.290(1).

470(1)

1944 s.72(1).

(2)

1944 s.72(2); 1993 s.290(2).

471(1)

1944 s.72(3).

(2)

1944 s.72(3) proviso; 1993 s.290(2).

472

1944 s.72(4); 1993 s.290(2).

473(1)

1944 s.73(2).

(2)

1944 s.73(3); 1993 s.290(2).

474

1944 s.74.

475

1944 s.73(1).

476(1)

Drafting.

(2), (3)

1944 s.75(1).

(4)

1944 s.75(2); Arbitration Act 1996 (c.23) Sch.3 para.4.

(5)

1944 s.75(3).

477

1944 s.73(5); 1946 Sch.2 Pt.I; 1978IA s.17(2)(a).

478(1)

1944 s.73(4).

(2)

1944 ss.70(3), 73(2), (3); Criminal Justice Act 1982 (c.48) Sch.3.

479(1) to (3)

1980 s.17(1) to (3).

(4)

1980 s.17(2).

(5)

1980 s.17(4), (5).

(6), (7)

1980 s.17(10).

480(1), (2)

1980 s.17(6), (7).

(3)

1980 s.17(9).

(4)

1980 s.17(8), (9).

481

1980 s.18.

482(1)

1988 s.105(1).

(2)

1988 s.105(2).

(3)

1988 s.105(1), (2).

(4)

1988 s.105(3).

(5)

1988 s.218(2B); 1993 s.291; 1994 Sch.2 para.8(4).

483(1), (2)

1988 s.105(4).

(3), (4)

1988 s.105(5), (6).

484(1)

1984 s.1(1), (2); 1993 s.278(2).

(2)

1984 s.1(2), (6).

(3), (4)

1984 s.1(3), (4); 1993 s.278(2).

(5)

1984 s.1(5).

(6)

1984 s.1(7).

(7)

Drafting.

485

1944 s.100(1)(b); 1988 s.213(3).

486

1988 s.213(1); Transfer of Functions (Science) Order 1995 (S.I. 1995/2985) Sch. para.5.

487

1980 s.21(1).

488

1988 s.210.

489(1)

1944 s.100(3); 1980 s.21(2); 1984 s.1(4); 1988 ss.210(3), 213(2).

(2)

1984 s.1(4A); 1993 s.278(4).

(3), (4)

1973 s.1(2).

490

1988 s.211; 1978IA s.17(2)(a).

491(1)

1944 s.100(1)(c).

(2)

1944 s.100(3).

492(1) to (4)

1986 s.51(1) to (4); 1993 s.279(1).

(5)

1986 s.51(11); 1993 Sch.19 para.103(d).

(6)

1986 s.51(7), (8); 1993 Sch.19 para.103(a).

493(1)

1986 s.52(1); 1992FHE Sch.8 para.25.

(2)

1986 s.52(2); 1993 Sch.19 para.104.

(3)

1986 s.52(3); 1992FHE Sch.8 para.25.

(4)

1986 s.52(4).

494

1993 s.262.

495(1), (2)

1944 s.67(1).

(3)

1944 s.67(2).

496(1)

1944 s.68.

(2)

1944 s.68; 1988 s.219(2).

497(1)

1944 s.99(1).

(2)

1944 s.99(1); 1988 s.219(3).

(3)

1944 s.99(1).

498(1)

1944 s.99(2).

(2)

1944 s.99(2); 1988 s.219(3).

499

1993 s.297.

500

1993 s.232.

501

1993 s.233.

502

1993 s.234.

503(1) to (6)

1993 s.235(1) to (6).

(7)

1993 s.235(8).

504

1993 s.236.

505(1) to (7)

1993 s.237(1) to (7).

(8)

1993 ss.237(8), 305(1) (“maintained school”)

506

1944 s.69(2); Criminal Justice Act 1967 (c.80) Sch.3; 1978IA s.17(2)(a); Medical Act 1983 (c.54) Sch. 6 para.11.

507(1)

1944 s.93.

(2)

1944 s.93; 1972LG s.272(2); 1993 s.235(7).

508(1)

1944 s.53(1).

(2)

1944 s.53(1); 1948 Sch.1 Pt.I; 1988 Sch.12 para.54.

(3)

1944 s.53(2).

509(1), (2)

1944 s.55(1); 1992FHE Sch.8 para.5.

(3)

1944 s.55(2); 1948 Sch.1 Pt.I; 1988 Sch.12 para.55; 1992FHE Sch.8 para.5.

(4)

1944 s.55(3); 1986 s.53; 1992FHE Sch.8 para.5; 1993 Sch.19 para.15.

(5)

1944 s.55(4); 1992FHE Sch.8 para.5.

(6)

1944 s.55(5); 1992FHE Sch.8 para.5.

510(1)

1948 s.5(1); 1988 s.100(4).

(2)

1948 s.5(1); 1953 Sch.1; 1981 Sch.3 para.7.

(3)

1948 s.5(2); 1988 s.100(4).

(4)

1948 s.5(3); 1980 s.29(1); 1988 s.100(4), Sch.12 para.61; 1992FHE Sch.8 para.16.

(5)

1948 s.5(4); 1988 s.100(4).

(6)

1948 s.5(4).

511(1)

1948 s.5(5).

(2), (3)

1948 s.5(6).

(4)

1948 s.5(6A); 1980 s.29(2).

512(1)

1980 s.22(1); Social Security Act 1986 (c.50) s.77(1).

(2)

1980 s.22(2); Social Security Act 1986 (c.50) s.77(2).

(3)

1980 s.22(3); Social Security Act 1986 (c.50) s.77(2); Jobseekers Act 1995 (c.18) Sch.2 para.3.

(4)

1980 s.22(1).

(5)

1980 s.22(3B); 1992FHE Sch.8 para.17.

513

1944 s.78(2).

514(1)

1944 s.50(1); 1946 Sch.2 Pt.I; 1981 Sch.3 para.3; 1988 s.100(2).

(2)

1944 s.50(1); 1948 Sch.1 Pt.I; 1981 Sch.3 para.3.

(3)

1944 s.50(2); 1946 Sch.2 Pt.I; 1993 Sch.19 para.12.

(4)

1944 s.52(1).

(5)

1944 s.52(1) proviso; 1981 Sch.3 para.4.

(6)

1944 s.52(2).

(7)

1944 s.52(3).

515(1)

1980 s.26(1).

(2)

1980 s.26(3).

(3)

1980 s.26(4).

(4)

1980 s.26(5); 1978IA s.17(2)(a).

(5)

1980 s.26(6).

516

1993 s.295.

517(1)

1953 s.6(2); 1993 Sch.19 para.31(a).

(2)

1953 s.6(2)(a)(i).

(3)

1953 s.6(2)(a)(ii); 1981 Sch.3 para.8.

(4)

1953 s.6(2)(a)(iii).

(5)

1953 s.6(2)(b); 1981 Sch.3 para.8.

(6)

1993 Sch.19 para.31(b) to (f).

(7)

1993 s.308(3).

518

1944 s.81; 1988 Sch.12 para.6; 1992FHE Sch.8 para.11.

519(1)

1986 s.58(1); 1988 Sch.12 para.103; 1993 Sch.19 para.106.

(2)

1986 s.58(2).

(3)

1986 s.58(5); 1988 Sch.12 para.103.

(4), (5)

1986 s.58(6).

(6)

1986 s.58(7).

520(1), (2)

1944 s.48(4); 1973NHSR Sch.4 para.7; National Health Service Act 1977 (c.49) Sch.15 para.2; 1978IA s.17(2)(a).

(3)

Drafting.

521(1), (2)

1944 s.54(1).

(3)

1944 s.54(2), (8); Medical Act 1983 (c.54) Sch.6 para.11.

(4)

1944 s.54(1); 1993 Sch.19 para.14(a).

522(1)

1944 s.54(2).

(2) to (4)

1944 s.54(3).

(5)

1944 s.54(5).

523(1), (2)

1944 s.54(4); S.I. 1968/1699 art.5; 1972LG s.179(3).

(3)

1944 s.54(9); 1994LG(W) Sch.16 para.8.

(4)

1944 s.54(8); Medical Act 1983 (c.54) Sch.6 para.11.

524(1), (2)

1944 s.54(7).

(3)

1944 s.54(7); 1993 Sch.19 para.14(c).

525(1)

1944 s.54(6).

(2)

1944 s.54(6).

(3)

1944 s.54(6); 1993 Sch.19 para.14(b).

526

1944 s.82.

527

1944 s.83.

528

1944 s.41(2A), (2B); Disability Discrimination Act 1995 (c.50) s.30(8).

529(1)

1944 s.85(1).

(2), (3)

1944 s.85(2), (3); 1980 Sch.3 para.3.

530(1)

1944 s.90(1); Acquisition of Land (Authorisation Procedure) Act 1946 (c.49) Sch.4; 1948 s.10(1); 1988 Sch.12 para.59.

(2)

1944 s.90(1) proviso; Acquisition of Land (Authorisation Procedure) Act 1946 (c.49) Sch.4.

(3)

1944 s.90(1A); 1993 s.282(3).

531(1)

1948 s.10(2); 1972LG s.272(2); 1988 Sch.12 para.62.

(2)

1948 s.10(3).

532

1944 s.88; 1978IA s.17(2)(a).

533(1), (2)

1980 s.22(4).

(3)

1980 s.22(4A); 1993 Sch.19 para.79.

534(1) to (4)

1980 s.22(3A); 1988 Sch.12 para.24.

(5)

1980 s.22(3B); 1992FHE Sch.8 para.17.

535(1)

1980 s.26(2).

(2)

1980 s.26(3).

(3)

1980 s.26(4).

(4)

1980 s.26(5); 1978IA s.17(2)(a).

(5)

1980 s.26(6).

536(1), (2)

1944 s.48(4); 1973NHSR Sch.4 para.7; National Health Service Act 1977 (c.49) Sch.15 para.2; 1978IA s.17(2)(a); 1988 Sch.12 para.2.

537(1) to (6)

1992(S) s.16(1) to (6).

(7)

1992(S) s.16(7); 1993 s.263.

(8) to (10)

1992(S) s.16(8) to (10).

(11)

1992(S) s.19(2)

(12), (13)

1992(S) s.16(11), (12).

538

1986 s.56, Sch.2 para.13(2).

539

1993 s.153.

540(1)

1993 s.264(1).

(2)

1993 ss.264(2), 305(1) (“maintained school”).

541(1) to (3)

1993 s.265.

(4)

1993 ss. 265(1), 305(1) (“maintained school”).

542(1)

1944 s.10(1); 1988 Sch.12 para.1.

(2) to (4)

1944 s.10(2); 1988 Sch.12 para.1.

543

1944 s.10(2) proviso; 1948 s.7(1); 1968 s.3(3).

544(1)

1988 s.218(7); 1992FHE Sch.8 para.49; 1993 Sch.19 para.136.

(2)

1988 s.218(7).

(3)

1988 s.218(12).

545(1)

1944 s.63(2); 1993 Sch.19 para.18.

(2)

1988 s.218(8); 1993 Sch.19 para.19.

546(1)

1988 s.218(1)(e).

(2)

1988 s.218(12).

547(1)

1982LG(MP) s.40(1).

(2)

1982LG(MP) s.40(2); 1988 Sch.12 para.29.

(3)

1982LG(MP) s.40(3).

(4), (5)

1982LG(MP) s.40(4), (5); 1988 Sch.12 para.29.

(6)

1982LG(MP) s.40(6).

(7), (8)

1982LG(MP) s.40(7), (8); 1988 Sch.12 para.29.

548(1)

1986 s.47(1); 1993 s.293(2).

(2)

1986 s.47(1A); 1993 s.293(2).

(3)

1986 s.47(5); 1988 Sch.12 para.35; 1993 s.293(3), Sch.19 para.101(a).

(4)

1986 s.47(6); 1993 Sch.19 para.101(b).

(5)

1986 s.47(7).

(6)

1986 s.47(4).

549(1), (2)

1986 s.47(2), (3).

(3)

1986 s.47(1B); 1993 s.293(2).

(4)

1986 s.47(10).

(5)

1986 s.47(5); 1993 s.293(3).

550

1986 s.47(8).

551(1).

1988 s.218(1)(g).

(2)

1988 s.218(12).

552(1)

1993 Sch.19 para.62(5).

(2), (3)

1993 Sch.19 para.62(2), (3).

(4)

1993 Sch.19 para.62(1).

(5)

1993 Sch.19 para.62(4)

(6)

1993 Sch.19 para.62(6).

553

1988 s.113.

554(1)

1973 s.2(1); 1988 s.112(2).

(2)

1973 s.2(1); 1988 s.112(2); 1993 Sch.19 para.52(a).

(3)

1973 s.2(1A); 1988 s.112(2); 1993 Sch.19 para.52(b).

(4)

1973 s.2(1C); 1988 s.112(2); 1993 Sch.19 para.52(c).

(5)

1973 s.2(1B); 1988 s.112(2).

(6)

1973 s.2(8).

555(1)

1973 s.2(2); 1993 Sch.19 para.52(c).

(2) to (4)

1973 s.2(2).

(5)

1973 s.2(1B); 1988 s.112(2).

556(1)

1973 s.2(3); 1993 s.288(3)

(2)

1973 s.2(4); 1988 s.112(3); 1993 Sch.19 para.52(c).

(3)

1973 s.2(4); 1993 s.288(2), Sch.19 para.52(c).

(4)

1973 s.2(5).

(5)

1973 s.2(5A); 1993 s.288(4).

(6), (7)

1973 s.2(6), (7).

(8)

1973 s.2(1B); 1988 s.112(2).

557

1993 s.287.

558

1944 s.58.

559(1), (2)

1944 s.59(1), (2).

(3), (4)

1944 s.59(3).

(5)

1944 s.59(4).

(6)

Employment of Children Act 1973 (c.24) s.3(4).

560(1)

1973EWE s.1(1); 1988 Sch.12 para.14.

(2)

1973EWE s.1(4); Employment Act 1990 (c.38) s.14.

(3)

1973EWE s.1(2); Merchant Shipping Act 1995 (c.21) Sch.13 para.48.

(4), (5)

1973EWE s.1(3).

(6)

Drafting.

(7)

1973EWE s.1(4).

561

1944 s.115.

562

1944 s.116; 1948 Sch.1 Pt.I; 1993 Sch.19 para.25.

563(1)

1988 s.218(1)(f); 1992FHE Sch.8 para.49.

(2)

1988 s.218(4).

(3)

1988 s.218(12).

564(1)

1944 s.94(1); S.I. 1968/1699 art.5; Registration of Births, Deaths and Marriages (Fees) Order 1995 (S.I. 1995/3162) Sch.

(2)

1944 s.94(1).

(3)

1944 s.94(2); S.I. 1968/1699 art.5.

(4)

1944 s.94(3); 1978IA s.17(2)(a).

565(1)

1944 s.95(1).

(2)

1993 s.200(3).

566

1944 s.95(2).

567(1), (2)

1993 s.299(1), (2).

(3)

1993 ss.299(3), 305(1) (“maintained school”)

(4), (5)

1993 s.299(4), (5).

568(1)

1973 s.2(1); 1986 s.63(1); 1988 s.232(1); 1993 s.301(1); Law Com. Rec. No. 19.

(2)

1986 ss.4A(8), 63(1); 1988 s.232(2); 1993 ss.271(1), 301(2).

(3)

1986 s.63(2); 1988 s.232(4); 1993 s.301(3).

(4)

1988 s.232(3).

(5)

1986 s.63(3); 1988 s.232(5); 1993 s.301(6); Law Com. Rec. No. 18.

(6)

1988 s.232(6); Law Com. Rec. No. 18.

569(1)

Statutory Instruments Act 1946 (c.36) s.1(2); 1948 s.12; 1980 s.35(1); 1984 s.3(1); 1986 s.63(1); 1988 s.232(1); 1992(S) s.19(1); 1993 s.301(1); Law Com. Rec. No. 18.

(2)

1944 s.112; Statutory Instruments Act 1946 (c.36) s.5(2); 1948 s.12; 1980 s.35(3); 1984 s.3(3); 1986 s.63(2); 1988 s.232(4); 1992(S) s.19(2); 1993 ss.279(2)(a), 301(3).

(3)

1980 s.35(2); 1986 s.63(2A); 1993 ss.279(2)(b), 301(4).

(4)

1980 s.35(4); 1984 s.3(4); 1986 s.63(3); 1988 s.232(5); 1992(S) s.19(3); 1993 s.301(6), Sch.19 para.107(a); Law Com. Rec. No. 18.

(5)

1944 s.111A; 1980 s.35(5); 1988 ss.229(1), 232(6); Law Com. Rec. No. 18.

(6)

1980 s.35(5).

570(1), (2)

1944 s.111; S.I. 1968/1699 art.5; 1993 s.301(7).

(3)

1944 s.111 proviso.

571

1980 ss.12(1B), 13(1C); 1988 s.34(3); 1993 ss.229(1), 230(1), 300.

572

1944 s.113; 1946 Sch.2 Pt.I.

573(1)

Drafting.

(2)

1944 s.114(1) (“alterations”); 1968 Sch.1 para.5(a); 1993 s.305(1).

(3)

1944 s.114(1) (“enlargement”); 1968 Sch.1 para.5(b).

(4)

1980 s.16(2); 1993 s.103(1).

(5)

1944 s.114(1) (“significant”); 1968 Sch.1 para.5(c).

(6)

1944 s.67(4); 1968 Sch.1 para.3; 1988 Sch.12 para.4.

574

1968 s.1(1); 1980 Sch.3 para.15; 1993 Sch.19 para.41.

575(1), (2)

1988 s.235(1); 1993 s.305(1); 1996ER Sch.1 paras.37(5), 59.

(3)

1988 s.235(3); 1933 s.155(9), (10).

(4)

1988 s.235(1); 1993 s.305(1) 1996ER Sch.1 paras.37(5), 59.

576(1)

1944 s.114(1D); Children Act 1989 (c.41) Sch.13 para.10.

(2)

1944 s.114(1E); Children Act 1989 (c.41) Sch.13 para.10; 1993 Sch.19 para.24(b).

(3), (4)

1944 s.114(1F); Children Act 1989 (c.41) Sch.13 para.10.

577

1944 s.114 (“minor authority”); 1972LG s.192(4); Local Government Changes for England (Education) (Miscellaneous Provisions) Regulations 1996 (S.I. 1996/710) reg.19.

578

1992FHE s.90(1) (“the Education Acts”); 1993 s.305(1)(“the Education Acts”); 1996N Sch.3 para.8.

579(1)

“boarder”: 1986 s.65(1). “child”: 1944 s.114(1). “clothing”: 1944 s.114(1). “exclude”: 1986 s.65(1). “financial year”: 1984 s.1(6); 1988 s.235(1), Sch.2 para.18; 1993 s.305(1), Sch.14 para.20. “functions”: 1988 s.235(1); 1993 s.305(1). “governing body”; “governor”: 1944 s.114(1); 1980 Sch.1 para.13. “higher education”: 1944 s.114(1); 1988 s.120(9). “land”: 1988 s.235(1); 1993 s.306(1). “liability”: 1988 s.235(1); 1993 s.305(1). “local authority”: 1988 s.235; 1993 s.305(1); 1994LG(W) Sch.16 paras.83, 105(2). “the local education authority”: 1944 s.114(1); 1988 s.118(7)(b); 1993 s.305(1). “local government elector”: 1944 s.114(1); 1972LG s.272(2). “medical officer”: 1944 s.114(1); 1973NHSR Sch.4 para.8; Medical Act 1983 (c.54) Sch.6 para.11. “modifications”: 1988 s.235(1); 1993 s.305(1). “premises”: 1944 s.114(1). “prescribed”: 1944 s.114(1); 1993 s.305(1). “proprietor”: 1944 ss.80(1), 114(1); 1988 Sch.12 para.5. “reception class”: 1980 s.38(5A)(b); 1988 ss.31(6), 119(1)(b); 1993 s.155(1). “relevant age group”: 1980 s.16(3); 1988 s.32(2); 1993 s.155(4). “school buildings”: 1946 s.4(2); 1973NHSR Sch.4 para.9; National Health Service Act 1977 (c.49) Sch.15 para.3; 1978IA s.17(2)(a). “school day”: 1986 s.65(1). “trust deed”: 1944 s.114(1). “young person”: 1944 s.114(1).

(2)

1988 s.235(3)(g); 1993 s.305(2).

(3)

1980 s.38(5A); 1988 ss.31(6), 119(1)(a); 1993 s.155(5).

(4)

1980 s.38(5); 1986 s.51(10); 1993 Sch.19 para.103.

(5)

1944 s.114(2)(b).

(6)

1944 s.114(2)(b); 1988 s.234(2)(a), (3)(a).

(7)

1944 s.114(2A); 1988 s.234(2)(b); 1992FHE Sch.8 para.13(4).

580

581

1944 s.118; S.I. 1977/293 art.4; Law Com. Rec. No. 19.

582

583

Sch. 1

1993 Sch.18.

Sch. 2

para.1

1993 Sch.1 para.16

paras.2 to 8

1993 Sch.1 paras.1 to 7.

para.9

1993 Sch.19 paras.46 to 48.

paras.10 to 14

1993 Sch.1 paras.8 to 12.

para.15

1993 Sch.1 para.15.

paras.16, 17

1993 Sch.1 paras.13, 14.

Sch. 3

para.1

1993 s.17; 1996N Sch.3 para.10.

para.2

1993 s.18.

para.3

1993 s.19.

Sch. 4

para.1

1993 Sch.2 para.1, s.305(1) (“maintained school”)

paras.2 to 23

1993 Sch.2 paras.2 to 23.

Sch. 5

para.1

para.2

1944 Sch.3 para.8.

para.3

1944 Sch.3 paras.4, 5; 1948 Sch.1,Pt.I; 1980 Sch.3 para.5.

para.4

1944 Sch.3 para.7; drafting.

para.5

1944 Sch.3 para.9.

para.6

1944 Sch.3 para.10.

Sch. 6

1944 Sch.2.

Sch. 7

para.1

1993 s.238(5) to (7).

para.2

1993 s.239.

para.3

1993 Sch.13 para.2

para.4

1993 Sch.13 para.1

para.5

1993 Sch.13 para.3

paras.6 to 10

1993 Sch.3 paras.8 to 12.

paras.11, 12

1993 Sch.13 paras.14, 15

Sch. 8

para.1

Drafting.

para.2

1986 ss.6, 15(12), (13); drafting.

para.3

1986 s.15(11).

para.4

1986 s.15(7).

para.5

1986 s.15(1).

para.6

1986 s.15(8).

para.7

Drafting; 1986 s.15(2) to (6), (15).

para.8

1986 s.15(14).

para.9

1986 s.15(10).

para.10

1986 ss.8(6), (9), 15(9).

para.11

1986 s.8(2), (3); 1993 s.271(2).

para.12

1986 s.8(4).

para.13

1986 s.8(5).

para.14

1986 s.8(1).

para.15

1986 s.8(6), (7), (9); 1988 s.116; drafting.

para.16

1986 s.8(11), (12); Law Com. Rec. Nos. 3, 20.

para.17

1986 s.8(8).

para.18

1986 s.62.

para.19

Drafting.

para.20

1986 s.57.

para.21

1986 s.8(10).

Sch. 9

para.1

1986 s.65(1) (“promoters”), Sch.2 para.1; Law Com. Rec. No. 9.

para.2

1986 Sch.2 para.2(1), (2); 1993 Sch.19 para.109(a), (b)(i).

para.3

1986 Sch.2 para.6.

para.4

1986 Sch.2 para.7(1).

para.5

1986 Sch.2 para.8(1).

para.6

1986 Sch.2 para.7(2) to (5).

para.7

1986 Sch.2 paras.7(6), (7), 8(2).

para.8

1986 Sch.2 para.9(1), (2); 1993 Sch.19 para.109(e).

para.9

1986 Sch.2 paras.2(3), 11(4), (5).

para.10

1986 Sch.2 para.11(3).

para.11

1986 Sch.2 para.11(6).

para.12

1986 Sch.2 para.11(1), (2).

para.13

1986 Sch.2 para.10(4).

para.14

1986 Sch.2 para.10(2).

para.15

1986 Sch.2 paras.10(1), 26(3).

para.16

1986 Sch.2 para.10(4).

para.17

1986 Sch.2 para.2(4).

para.18

1986 Sch.2 para.10(3).

para.19

1986 Sch.2 para.27.

para.20

1986 Sch.2 para.28.

para.21

1986 Sch.2 para.30(1).

para.22

1986 Sch.2 para.29.

Sch. 10

para.1

1986 Sch.2 para.3(4).

para.2

1986 Sch.2 para.3(5).

para.3

1986 Sch.2 para.4.

para.4

1986 Sch.2 para.13(3), (4).

para.5

1986 Sch.2 paras.2(2), 3(2), (3); 1993 Sch.19 para.109(b)(i).

para.6

1986 Sch.2 para.13(3), (5).

Sch. 11

para.1

Drafting.

para.2

1988 ss.33(6), 42(4)(a) to (d).

para.3

1988 s.42(4)(e), (5)(a).

para.4

1988 s.42(4)(j).

paras.5 to 7

1988 s.50(5); 51(1) (“expenditure of a capital nature”).

para.8

1988 s.50(10).

Sch. 12

para.1

1988 s.48(2) (“temporary governing body”).

para.2

1988 Sch.4 para.1(2)(a), (b).

para.3

1988 Sch.4 paras.1(1), 2(1).

para.4

1988 Sch.4 para.2(2) to (5).

para.5

1988 Sch.4 para.2(6); S.I. 1991/1890; S.I. 1992/110.

para.6

1988 Sch.4 para.2(8).

para.7

1988 Sch.4 para.2(9).

para.8

1988 Sch.4 para.3.

para.9

1988 Sch.4 para.6.

para.10

1988 Sch.4 para.5.

Sch. 13

para.1

1986 s.36(1).

para.2

1986 s.36(2).

para.3

1986 s.37.

para.4

1986 s.39.

para.5

1986 s.38(1), (2).

para.6

1986 s.38(3).

para.7

1986 s.38(4).

para.8

1986 s.38(6).

para.9

1986 s.38(5).

para.10

1986 s.35(2).

para.11(1), (2)

1986 s.41(1)(a).

(3)

1986 s.41(3).

(4) to (7)

1986 s.41(1)(b) to (e).

(8)

1986 s.41(3).

Sch. 14

para.1

1988 Sch.3 paras.1(1), (2), (6), 2(1), 4(1), 5(1), 6(1), 7(1), 8(1), 10(1), 11(3); 1978IA s.17(2)(a).

para.2

1988 Sch.3 para.1(1).

para.3

1988 Sch.3 para.1(3).

para.4

1988 Sch.3 para.1(4), (5), (12).

para.5

1988 Sch.3 para.1(7).

para.6

1988 Sch.3 para.1(8) to (10).

para.7

1988 Sch.3 para.1(11), (13).

para.8

1988 Sch.3 para.2(1).

para.9

1988 Sch.3 para.2(2), (3).

para.10

1988 Sch.3 para.2(4).

para.11

1988 Sch.3 para.2(5).

para.12

1988 Sch.3 para.2(6), (7).

para.13

1988 Sch.3 para.2(8), (9).

para.14

1988 Sch.3 para.2(10), (11).

para.15

1988 Sch.3 para.2(12).

para.16

1988 Sch.3 para.3(1) to (3).

para.17

1988 Sch.3 para.3(4).

para.18

1988 Sch.3 para.4(1) to (3), (5).

para.19

1988 Sch.3 para.4(4).

para.20

1988 Sch.3 para.5.

para.21

1988 Sch.3 para.6.

para.22

1988 Sch.3 para.7.

para.23

1988 Sch.3 para.8(1) to (3), (6).

para.24

1988 Sch.3 para.8(4), (5).

para.25

1988 Sch.3 para.8(7), (8).

para.26

1988 Sch.3 para.8(9).

para.27

1988 Sch.3 para.9; 1978IA s.17(2)(a).

para.28

1988 Sch.3 para.10; 1993 Sch.19 para.142.

Sch. 15

para.1

1986 s.24.

para.2

1986 s.24(a), (h); 1993 Sch.13 para.97.

para.3

1986 s.24(b), (f), (g).

para.4

1986 s.24(h).

para.5

1986 s.24(b), (g).

para.6

1986 s.24(d), (h).

para.7

1986 s.24(h).

para.8

1986 s.25.

para.9

1986 s.25(a), (h).

para.10

1986 s.25(b).

para.11

1986 s.25(b), (g).

para.12

1986 s.25(c), (h); 1993 Sch.19 para.98.

para.13

1986 s.25(h).

para.14

1993 Sch.19 para.99.

para.15

Drafting.

Sch. 16

para.1

1986 Sch.3 paras.1, 2; S.I. 1994/2092.

para.2

1986 Sch.3 para.3; S.I. 1994/2092.

para.3

1986 Sch.3 para.3A; S.I. 1994/2092.

para.4

1986 Sch.3 para.4; drafting.

para.5

1986 Sch.3 para.16.

para.6

1986 Sch.3 para.6.

para.7

1986 Sch.3 para.6A; S.I. 1994/2092.

para.8

1986 Sch.3 para.7; Education (No.2) Act 1986 (Amendment) (No.2) Order 1993 (S.I. 1993/2827) art.2.

para.9

1986 Sch.3 para.8; Education (No.2) Act 1986 (Amendment) Order 1993 (S.I. 1993/2709) art.2.

para.10

1986 Sch.3 para.9; S.I. 1994/2092 art.8.

para.11

1986 Sch.3 para.13.

para.12

1986 Sch.3 para.14.

para.13

1986 Sch.3 para.11.

para.14

1986 Sch.3 para.12; S.I. 1994/2092 art.9.

para.15

1986 Sch.3 para.15.

para.16

1986 Sch.3 para.17; S.I. 1994/2092 art.10.

para.17

Drafting.

para.18

1986 Sch.3 para.5.

Sch. 17

para.1

1986 s.30(2).

para.2

1986 s.30(2)(a).

para.3

1986 s.30(2)(b).

para.4

1986 s.30(2)(c) to (e).

para.5

1986 s.30(2)(g).

para.6

1986 s.30(2)(h); 1988 s.51(9); Education (No.2) Act 1986 (Amendment) Order 1994 (S.I. 1994/692) art.2.

para.7

1986 s.30(2)(i); Education (No.2) Act 1986 (Amendment) (No.3) Order 1994 (S.I. 1994/2732).

para.8

1986 s.30(2)(j).

para.9

1986 s.30(2)(k); 1978IA s.17(2)(a).

para.10

1986 s.30(5); 1992(S) Sch.4 para.5.

Sch. 18

para.1

1986 s.31(4)(a).

para.2

1986 s.31(4)(b), (9).

para.3

1986 s.31(3).

para.4

1986 s.31(4)(c), (d).

para.5

1986 s.31(5), (6).

Sch. 19

para.1

1986 Sch.2 paras.4, 12(1).

para.2

1988 Sch.4 para.7.

para.3

1986 Sch.2 para.12(2).

para.4

1986 Sch.2 para.12(3).

para.5

1986 Sch.2 para.20(5).

para.6

1986 Sch.2 para.21.

para.7

1986 Sch.2 para.22.

para.8

1986 Sch.2 para.23.

para.9

1986 Sch.2 para.25.

para.10

1986 Sch.2 para.24.

para.11

1986 Sch.2 para.26(1), (2).

para.12

1986 Sch.2 para.30(2).

para.13

Drafting.

para.14

1986 Sch.2 para.20(1).

para.15

1986 Sch.2 para.20(2), (3); Law Com. Rec. No. 9.

para.16

1986 Sch.2 paras.20(4), 30(3).

para.17

1986 Sch.2 para.28.

para.18

1988 Sch.4 para.1.

para.19

1988 Sch.4 para.4(1), (4), (5).

para.20

1988 Sch.4 para.4(2).

para.21

1988 Sch.4 para.4(3); Education (Application of Financing Schemes to Special Schools) Regulations 1992 (S.I. 1992/164).

para.22

1988 Sch.4 para.4(7).

para.23

1988 Sch.4 para.4(8).

para.24

1988 Sch.4 para.4(6).

para.25

1986 Sch.2 para.15.

para.26

1986 Sch.2 para.16; 1988 Sch.12 para.106.

para.27

1986 Sch.2 para.17.

para.28

1986 Sch.2 paras.13(1), 14.

para.29

1986 Sch.2 para.18; 1988 Sch.4 para.2(10).

Sch. 20

para.1

1993 Sch.3 para.1(1) to (4); drafting.

paras.2 to 12

1993 Sch.3 paras.2 to 12.

Sch. 21

1993 Sch.4.

Sch. 22

paras.1 to 13

1993 Sch.5 paras.1 to 13.

para.14

1986 s.62; 1988 Sch.12 para.37.

paras.15, 16

1993 Sch.5 paras.14, 15.

Sch. 23

paras.1 to 3

1993 Sch.6 paras.1 to 3.

para.4

1993 Sch.6 para.7

para.5

1993 Sch.6 paras.4, 6.

para.6

1993 Sch.6 paras.5, 6.

paras.7, 8

1993 Sch.6 paras.8, 9.

Sch. 24

1993 Sch.7.

Sch. 25

1993 Sch.8.

Sch. 26

1993 Sch.9.

Sch. 27

1993 Sch.10.

Sch. 28

paras.1 to 14

1993 Sch.11, paras.1 to 14.

para.15

1993 s.261(1), (2), (5).

Sch. 29

paras.1 to 16

1993 Sch.14 paras.1 to 16.

para.17

1993 Sch.14 para.17; 1993 Sch.15 para.6(2).

paras.18 to 22

1993 Sch.14 paras.18 to 22.

Sch. 30

paras.1 to 5

1988 Sch.2 paras.2 to 6; 1993 Sch.15 para.4(6).

paras.6, 7

1988 Sch.2 para.7; 1993 Sch.15 para.4(6).

para.8

1988 Sch.2 para.8; 1993 Sch.15 para.4(6), Sch.19 para.141.

paras.9, 10

1988 Sch.2 para.10; 1993 Sch.15 para.4(6).

para.11

1988 Sch.2 para.11; 1993 s.249, Sch.15 para.4(6).

paras.12, 13

1988 Sch.2 paras.12, 13; 1993 Sch.15 para.4(6).

para.14

1988 Sch.2 para.13A; 1993 s.250, Sch.15 para.4(6).

paras.15, 16

1988 Sch.2 paras.14, 15; 1993 Sch.15 para.4(6).

para.17

1988 Sch.2 para.18; 1993 s.251(3), Sch.15 para.4(6).

paras.18, 19

1988 Sch.2 paras.16, 17; 1993 Sch.15 para.4(6).

Sch. 31

para.1

1944 Sch.5 para.12(1), (3); 1993 s.256(1).

para.2

1944 Sch.5 para.12(4); 1993 s.256(1).

para.3

1988 s.11(8).

para.4

1944 Sch.5 paras.2, 5; 1988 Sch.1 para.7; 1993 s.254(3), Sch.19 para.27.

paras.5, 6

1944 Sch.5 paras.7, 8.

para.7

1944 Sch.5 para.3; 1988 Sch.1 para.7; 1993 Sch.19 para.27.

paras.8, 9

1944 Sch.5 para.4; 1993 Sch.19 para.27.

para.10

1944 Sch.5 para.13; 1988 Sch.1 para.7; 1993 s.256(2).

para.11

1993 s.146.

para.12

1944 Sch.5 paras.10, 13(4); 1988 Sch.1 para.7.

para.13

1944 Sch.5 para.11; 1988 Sch.1 para.7.

para.14

1944 Sch.5 para.11.

para.15

1993 s.15.

Sch. 32

para.1

1988 s.28(1).

para.2

1988 s.28(2).

para.3

1988 s.28(3), (4).

para.4

1988 s.28(5).

para.5

1988 ss.28(6), (7), 32(1).

para.6

1988 s.28(8).

para.7

1988 s.119(2), (3).

Sch. 33

para.1

1980 Sch.2 para.1; 1993 Sch.16 para.2.

para.2

1980 Sch.2 para.2; 1993 Sch.16 para.3.

para.3

1980 Sch.2 para.3.

para.4

1980 Sch.2 para.4; Local Government and Housing Act 1989 (Commencement No.11 and Savings) Order 1991 (S.I. 1991/344) Sch. para.1.

para.5

1980 Sch.2 para.4A; 1993 Sch.16 para.4.

para.6

1993 s.267.

para.7

1993 s.268.

para.8

Drafting.

paras.9 to 11

1980 Sch.2 paras.5 to 7.

para.12

1980 Sch.2 para.10.

para.13

1980 Sch.2 para.8.

para.14

1980 Sch.2 para.9

para.15

1980 Sch.2 para.11.

Sch. 34

para.1

1944 Sch.6 para.1.

para.2

1944 Sch.6 para.2.

para.3

1944 Sch.6 paras.3, 3A; Judicial Pensions and Retirement Act 1993 (c.8) Sch.6 para.51.

para.4

1944 Sch.6 para.4.

para.5

1976 s.6(1).

Sch. 35

paras.1 to 3

1980 Sch.4 paras.1 to 3.

para.4

1980 Sch.4 para.4; 1986 s.47(9).

paras.5, 6

1980 Sch.4 paras.5, 6.

Sch. 36

1993 Sch.17.

Schs. 37, 38

Sch. 39

para.1

para.2

1993 s.303.

para.3

1944 s.2(1).

para.4

1944 s.120(1).

paras.5 to 9

para.10(1)

(2)

1980 s.1(4).

para.11

1986 Sch.5 para.1.

paras.12 to 16

para.17(1)

(2)

1993 s.274(3).

(3)

1993 s.274(5).

para.18

Law Com. Rec. No.12.

para.19

S.I. 1996/951 art.4.

paras.20 to 23

para.24

1993 Sch.20 para.1; S.I. 1993/3106 Sch.2 paras.8, 9.

para.25

1993 Sch.20 para.1; S.I. 1993/3106 Sch.2 para.10.

para.26

S.I. 1993/3106 para.11.

para.27

S.I. 1993/3106 Sch.2 para.14.

para.28

1993 Sch.20 para.5.

para.29

1993 Sch.20 para.6.

para.30

S.I. 1993/1975 Sch.2 para.4(2).

para.31

1993 Sch.20 para.2; S.I. 1994/507 Sch.3 para.10.

para.32

S.I. 1994/507 Sch.3 para.11.

para.33

S.I. 1994/507 Sch.3 para.12.

para.34

S.I. 1994/2038 Sch.4 paras.2(7), 4(3).

para.35

S.I. 1994/507 Sch.3 para.5.

paras.36 to 42

para.43

S.I. 1993/507 Sch.3 para.7.

para.44

1993 Sch.20 para.4.

para.45

1946 s.13(1).

para.46

para.47

1944 s.120(5).

para.48

para.49

1973 Sch.1 para.3.

para.50

Sch. 40

Informations clés

Type de document act

Date July 23, 1996

Pays Royaume-Uni

Source legal_document