Education Act 2002

• (5) In the application of this section to an institution within the further education sector or a 16 to 19 Academy —

• (a) a reference to a school term is to be read as a reference to a term of the institution;

• (b) a reference to the head teacher of a school is to be read as a reference to the principal of the institution.

135B

• (1) Regulations under section 135A must include provision conferring on a person aggrieved by a decision under subsection (2)(g) of that section a right to appeal against the decision to the Secretary of State.

• (2) A decision on an appeal made by virtue of subsection (1) is to be final.

• (3) Regulations under section 135A made in pursuance of subsection (1) may make provision for, or for the determination in accordance with the regulations of, such matters relating to appeals as the Secretary of State considers necessary or expedient.

135C

• (1) During the induction period which a person is required to serve by virtue of regulations under section 135A, the provisions of section 131 (appraisal of teachers' performance) and regulations under that section do not apply to the person.

• (2) Where, in accordance with a requirement imposed by virtue of subsection (2)(j)(ii) of section 135A, a teacher employed at a school maintained by a local authority—

• (a) continues to be employed at the school, but

• (b) is not undertaking his or her normal teaching duties there,

any costs incurred by the local authority in respect of the teacher's emoluments are not to be met from the school's budget share for any funding period except in so far as the authority have good reason for deducting those costs, or any part of those costs, from that share.

Nothing in this subsection applies to a maintained school at any time when the school does not have a delegated budget.

• (3) In subsection (2)—

• (a) the references to a school's budget share and to a school not having a delegated budget have the same meaning as in Part 2 of the School Standards and Framework Act 1998;

• (b) “funding period”, in relation to a school's budget share, has the same meaning as in that Part.

• (4) Sections 496 and 497 of the Education Act 1996 (default powers of Secretary of State) have effect in relation to the duties imposed and powers conferred by virtue of section 135A as if the bodies to which those sections apply included—

• (a) the governing body of a special school that is not maintained by a local authority;

• (b) the governing body (within the meaning given by section 90(1) of the Further and Higher Education Act 1992) of an institution within the further education sector;

• (c) the appropriate body (within the meaning of section 135A).

Teacher misconduct etc: England

141A

• (1) Sections 141B to 141E apply to a person who is employed or engaged to carry out teaching work at—

• (a) a school in England,

• (b) a sixth form college in England,

• (ba) a 16 to 19 Academy,

• (c) relevant youth accommodation in England, or

• (d) a children's home in England.

• (2) In subsection (1)—

• “children's home” has the same meaning as in the Care Standards Act 2000;

• “teaching work” means work of a kind specified in regulations under this section (and such regulations may make provision by reference to specified activities or by reference to the circumstances in which activities are carried out).

141B

• (1) The Secretary of State may investigate a case where an allegation is referred to the Secretary of State that a person to whom this section applies—

• (a) may be guilty of unacceptable professional conduct or conduct that may bring the teaching profession into disrepute, or

• (b) has been convicted (at any time) of a relevant offence.

• (2) Where the Secretary of State finds on an investigation of a case under subsection (1) that there is a case to answer, the Secretary of State must decide whether to make a prohibition order in respect of the person.

• (3) Schedule 11A (regulations about decisions under subsection (2)) has effect.

• (4) In this section—

• a “prohibition order” means an order prohibiting the person to whom it relates from carrying out teaching work;

• “teaching work” has the same meaning as in section 141A(1);

• “relevant offence”, in relation to a person, means—in the case of a conviction in England and Wales, a criminal offence other than one having no material relevance to the person's fitness to be a teacher, andin the case of a conviction elsewhere, an offence which, if committed in England and Wales, would be within paragraph (a).

141C

• (1) The Secretary of State must keep a list containing—

• (a) the names of persons in relation to whom a prohibition order has effect, and

• (b) the names of persons who have begun, but have failed satisfactorily to complete, an induction period under section 135A in such circumstances as may be prescribed.

• (2) The Secretary of State may include on the list the name of any person who has been prohibited from teaching in Wales, Scotland or Northern Ireland that the Secretary of State thinks appropriate to include on the list.

• (3) The Secretary of State must secure that, where the name of a person is included on the list because an interim prohibition order has effect in respect of the person, there is an indication on the list to that effect.

• (4) The Secretary of State must secure that, where the name of a person is included on the list because the person has failed satisfactorily to complete an induction period under section 135A, there is an indication on the list to that effect.

• (5) The list may contain such other information in relation to the persons whose names are included on it as the Secretary of State considers appropriate.

• (6) The list must be available for inspection by members of the public.

• (7) In this section—

• “prohibition order” has the same meaning as in section 141B;

• “interim prohibition order” means an order made by virtue of paragraph 3 of Schedule 11A.

141D

• (1) This section applies where a relevant employer has ceased to use the services of a teacher because the teacher has been guilty of serious misconduct.

• (2) This section also applies where a relevant employer might have ceased to use the services of a teacher as mentioned in subsection (1) had the teacher not ceased to provide those services.

• (3) The employer must consider whether it would be appropriate to provide prescribed information about the teacher to the Secretary of State.

• (4) In this section—

• “relevant employer” means—a local authority;a person exercising a function relating to the provision of education on behalf of a local authority;the proprietor of a school or 16 to 19 Academy;a sixth form college corporation;a person who employs a person to teach in a children's home or in relevant youth accommodation;

• “education” includes vocational, social, physical and recreational training;

• “children's home” has the same meaning as in the Care Standards Act 2000;

• “services” includes professional and voluntary services;

• “teacher” means a person within section 141A(1).

141E

• (1) This section applies where arrangements have been made by a person (the “agent”) for a teacher to carry out work at the request of or with the consent of a relevant employer (whether or not under a contract) and the agent has terminated the arrangements because the teacher has been guilty of serious misconduct.

• (2) This section also applies where the agent—

• (a) might have terminated the arrangements as mentioned in subsection (1) had the teacher not terminated them, or

• (b) might have refrained from making new arrangements because of the teacher's serious misconduct had the teacher not ceased to be available for work.

• (3) The agent must consider whether it would be appropriate to provide prescribed information about the teacher to the Secretary of State.

• (4) In this section “relevant employer” and “teacher” have the same meanings as in section 141D.

156AA

• (1) This Chapter applies to alternative provision Academies that are not independent schools as it applies to independent schools in England.

• (2) Accordingly, references in this Chapter to independent schools (apart from those that are independent schools in Wales) are to be read as including references to alternative provision Academies that are not independent schools.

SCHEDULE 11A

Regulations: general

1

The Secretary of State must make regulations in accordance with the following provisions of this Schedule.

Procedure for decisions under section 141B(2)

2

• (1) Regulations under paragraph 1 must make provision about the procedure to be followed by the Secretary of State in reaching a decision under section 141B(2).

• (2) The regulations must not require a person to give evidence or produce any document or other material evidence which the person could not be compelled to give or produce in civil proceedings in any court in England and Wales.

• (3) The regulations may make provision for any functions of the Secretary of State under section 141B to be excluded or restricted in such circumstances as may be specified in or determined under the regulations.

• (4) The circumstances include, in particular, where the Secretary of State considers this to be appropriate taking into account the powers of the Disclosure and Barring Service under the Safeguarding Vulnerable Groups Act 2006.

Interim prohibition orders

3

• (1) Regulations under paragraph 1 may make provision for the Secretary of State to make an interim prohibition order, pending the Secretary of State's final decision under section 141B (2).

• (2) Regulations about interim prohibition orders must provide that an interim prohibition order may be made only if the Secretary of State considers that it is necessary in the public interest to do so.

• (3) Regulations about interim prohibition orders must provide that the Secretary of State must review an interim prohibition order—

• (a) within six months of the order being made, and

• (b) within each subsequent six month period,

if the person to whom the order relates makes an application to the Secretary of State for such a review.

Prohibition orders

4

• (1) Regulations under paragraph 1 may make provision—

• (a) about the service on a person to whom a prohibition order relates of notice of the order and of the right to appeal against the order under paragraph 5;

• (b) about the publication of information relating to the case of a person to whom a prohibition order relates;

• (c) prescribing circumstances in which a person to whom a prohibition order relates may nevertheless carry out teaching work (within the meaning of section 141A).

• (2) Regulations under paragraph 1 may also make provision—

• (a) as to the time when a prohibition order takes effect;

• (b) allowing a person to whom a prohibition order relates to apply to the Secretary of State for the order to be set aside;

• (c) as to the minimum period for which a prohibition order must be in effect before such an application may be made;

• (d) as to the procedure relating to such an application.

Appeals against prohibition orders

5

• (1) Regulations under paragraph 1 must make provision conferring on a person to whom a prohibition order relates a right to appeal against the order to the High Court.

• (2) The regulations must provide that an appeal must be brought within 28 days of the person being served with notice of the prohibition order.

• (3) No appeal is to lie from any decision of the Court on such an appeal.

• (4) In this paragraph, “prohibition order” does not include an interim prohibition order made by virtue of paragraph 3.

Supplementary provisions

6

• (1) Regulations under paragraph 1 may make incidental and supplementary provision, including provision—

• (a) where a prohibition order has effect in relation to a person, for the Secretary of State to serve notice of the order on the person's employer;

• (b) requiring the employer of such a person to take such steps in consequence of the order (which may include dismissing the person) as may be prescribed;

• (c) authorising the delegation of functions conferred by virtue of this Schedule and the determination of matters by any person or persons specified in the regulations.

• (2) Regulations under paragraph 1 may also make provision—

• (a) for the Secretary of State to make a decision in a particular case about the effect in England of an order prohibiting a person from teaching in schools in Wales, Scotland or Northern Ireland;

• (b) about the effect in general in England of orders prohibiting a person from teaching in schools in Wales, Scotland or Northern Ireland.

51A

• (1) The head teacher of a maintained school in England may exclude a pupil from the school for a fixed period or permanently.

• (2) The teacher in charge of a pupil referral unit in England may exclude a pupil from the unit for a fixed period or permanently.

• (3) Regulations must make provision—

• (a) requiring prescribed persons to be given prescribed information relating to any exclusion under subsection (1) or (2);

• (b) requiring the responsible body, in prescribed cases, to consider whether the pupil should be reinstated;

• (c) requiring the local authority to make arrangements enabling a prescribed person to apply to a review panel for a review, in any prescribed case, of a decision of the responsible body not to reinstate a pupil;

• (d) about the constitution of a review panel;

• (e) about the procedure to be followed on a review under paragraph (c).

• (4) On an application by virtue of subsection (3)(c), the review panel may—

• (a) uphold the decision of the responsible body,

• (b) recommend that the responsible body reconsiders the matter, or

• (c) if it considers that the decision of the responsible body was flawed when considered in the light of the principles applicable on an application for judicial review, quash the decision of the responsible body and direct the responsible body to reconsider the matter.

• (5) Regulations may provide for the panel to have supplementary powers, and in particular may provide that the panel has the power to make a direction about the effect on an excluded pupil of a recommendation under subsection (4)(b) or a direction under subsection (4)(c).

• (6) In a case where the panel gives a direction under subsection (4)(c) to the governing body of a maintained school, the panel may, in prescribed circumstances, order an adjustment of the school's budget share for a funding period.

• (7) Regulations must make provision about—

• (a) how the amount of the adjustment is to be determined;

• (b) the effect of the adjustment on the budget shares of other maintained schools for the funding period.

• (8) Regulations under this section may also make provision—

• (a) for the payment by the local authority of allowances to members of the review panel;

• (b) requiring a person or body exercising functions under subsection (1) or (2) or under the regulations to have regard to any guidance given from time to time by the Secretary of State;

• (c) requiring local authorities to give prescribed information to the Secretary of State;

• (d) in relation to any other matter relating to the exercise of the powers conferred by subsections (1) and (2).

• (9) Regulations made by virtue of subsection (8)(a) may provide for any of the provisions of sections 173 to 174 of the Local Government Act 1972 (allowances to members of local authorities and other bodies) to apply with prescribed modifications in relation to members of a review panel.

• (10) In this section—

• “budget share” and “funding period” have the same meaning as in Part 2 of the School Standards and Framework Act 1998;

• “exclude”, in relation to the exclusion of a pupil from a school or pupil referral unit, means exclude on disciplinary grounds (and “exclusion” is to be construed accordingly);

• “maintained school” has the same meaning as in Chapter 1;

• “the responsible body” means—in relation to exclusion from a maintained school, the governing body of the school;in relation to exclusion from a pupil referral unit, such person as may be prescribed.

• (11) In relation to any time when no responsible body is prescribed in relation to permanent exclusion from a pupil referral unit, subsection (3) has effect in relation to such an exclusion as if—

• (a) paragraph (b) were omitted, and

• (b) the decision referred to in paragraph (c) were the decision of the teacher in charge of the unit permanently to exclude the pupil.

• (12) Regulations may make provision for this section and regulations made under it to apply, with prescribed modifications, in relation to Academies or a description of Academy.

In the Learning and Skills Act 2000 (c. 21), after Schedule 7 there is inserted—

Consent to checks on suitability

Inspections by Chief Inspector

Appeals

Protection of Children Act 1999 (c. 14)

Freedom of Information Act 2000 (c. 36)

Allegations of offences committed by teachers in England and Wales: reporting restrictions

141F

• (1) This section applies where a person who is employed or engaged as a teacher at a school is the subject of an allegation falling within subsection (2).

• (2) An allegation falls within this subsection if—

• (a) it is an allegation that the person is or may be guilty of a relevant criminal offence, and

• (b) it is made by or on behalf of a registered pupil at the school.

• (3) No matter relating to the person is to be included in any publication if it is likely to lead members of the public to identify the person as the teacher who is the subject of the allegation.

• (4) Any person may make an application to a magistrates' court for an order dispensing with the restrictions imposed by subsection (3).

• (5) The court may make an order dispensing with the restrictions, to the extent specified in the order, if it is satisfied that it is in the interests of justice to do so, having regard to the welfare of—

• (a) the person who is the subject of the allegation, and

• (b) the victim of the offence to which the allegation relates.

• (6) The power under subsection (5) may be exercised by a single justice.

• (7) In the case of a decision to make or refuse to make an order under subsection (5), a person mentioned in subsection (8) may, in accordance with Criminal Procedure Rules—

• (a) appeal to the Crown Court against the decision, or

• (b) appear or be represented at the hearing of such an appeal.

• (8) The persons referred to in subsection (7) are—

• (a) a person who was a party to the proceedings on the application for the order;

• (b) any other person with the leave of the Crown Court.

• (9) On an appeal under subsection (7), the Crown Court may—

• (a) make such order as is necessary to give effect to its determination of the appeal, and

• (b) make such incidental or consequential orders as appear to it to be just.

• (10) The restrictions in subsection (3) cease to apply once proceedings for the offence have been instituted.

• (11) The restrictions in subsection (3) also cease to apply if—

• (a) the Secretary of State publishes information about the person who is the subject of the allegation in connection with an investigation or decision under section 141B (investigation of disciplinary cases by Secretary of State) relating to the same allegation, or

• (b) the General Teaching Council for Wales publishes information about the person who is the subject of the allegation in connection with an investigation, hearing or determination under Schedule 2 to the Teaching and Higher Education Act 1998 (investigation of disciplinary cases by the General Teaching Council for Wales) relating to the same allegation.

• (12) The restrictions in subsection (3) also cease to apply if—

• (a) the person who is the subject of the allegation includes a matter in a publication, or

• (b) another person includes a matter in a publication with the written consent of the person who is the subject of the allegation;

and, in either case, the inclusion of the matter in the publication would otherwise be in breach of subsection (3).

• (13) Written consent is to be ignored for the purposes of subsection (12)(b) if it is proved that any person interfered unreasonably with the peace or comfort of the person giving the consent, with intent to obtain it.

• (14) In this section—

• “publication” includes any speech, writing, relevant programme or other communication in whatever form, which is addressed to the public at large or any section of the public (and for this purpose, every relevant programme shall be taken to be so addressed), but does not include—an indictment or other document prepared for use in particular legal proceedings, ora document published by the regulator of a profession of which the person who is the subject of the allegation is a member in connection with disciplinary proceedings in relation to the person;

• “relevant criminal offence”, in relation to a person employed or engaged as a teacher at a school, means an offence against the law of England and Wales where the victim of the offence is a registered pupil at the school;

• “relevant programme” means a programme included in a programme service, within the meaning of the Broadcasting Act 1990.

• (15) For the purposes of this section, proceedings for an offence are instituted at the earliest of the following times—

• (a) when a justice of the peace issues a summons or warrant under section 1 of the Magistrates' Courts Act 1980 in respect of the offence;

• (b) when a relevant prosecutor issues a written charge and requisition or single justice procedure notice in respect of the offence;

• (c) when a person is charged with the offence after being taken into custody without a warrant;

• (d) when a bill of indictment is preferred by virtue of section 2(2)(b) of the Administration of Justice (Miscellaneous Provisions) Act 1933.

• (16) In subsection (15) “relevant prosecutor”, “requisition”, “single justice procedure notice” and “written charge” have the same meaning as in section 29 of the Criminal Justice Act 2003.

141G

• (1) This section applies if a publication includes any matter in breach of section 141F (3).

• (2) Where the publication is a newspaper or periodical, any proprietor, any editor and any publisher of the newspaper or periodical is guilty of an offence.

• (3) Where the publication is a programme included in a programme service (within the meaning of the Broadcasting Act 1990), the following are guilty of an offence—

• (a) any body corporate engaged in providing the programme service in which the programme is included, and

• (b) any person having functions in relation to the programme corresponding to those of an editor of a newspaper.

• (4) In the case of any other publication, any person publishing it is guilty of an offence.

• (5) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

• (6) If an offence committed by a body corporate is proved—

• (a) to have been committed with the consent or connivance of, or

• (b) to be attributable to any neglect on the part of,

an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

• (7) In subsection (6), “officer” means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

• (8) If the affairs of a body corporate are managed by its members, “director” in subsection (7) means a member of that body.

• (9) Schedule 11B contains supplementary provision relating to an offence under this section.

141H

• (1) Where a person is charged with an offence under section 141G, it is a defence for the person to prove either of the matters mentioned in subsection (2).

• (2) The matters are—

• (a) that, at the time of the alleged offence, the person was not aware, and neither suspected nor had reason to suspect, that the publication included the matter in question;

• (b) that, at the time of the alleged offence, the person was not aware, and neither suspected nor had reason to suspect, that the allegation in question had been made.

Training and education provided in the workplace for 14 to 16 year olds

Teachers engaged otherwise than as employees

Children permanently excluded from two or more schools

Education Act 1996

Education Act 1996

Diocesan Boards of Education Measure 1991

Environmental Protection Act 1990 (c. 43)

Education Reform Act 1988 (c. 40)

Environmental Protection Act 1990 (c. 43)

Environmental Protection Act 1990 (c. 43)

In the Learning and Skills Act 2000 (c. 21), after Schedule 7 there is inserted—

Education Act 1996 (c. 56)

SCHEDULE 11B

Introduction

1

• (1) This Schedule makes supplementary provision relating to an offence under section 141G (breach of reporting restrictions relating to alleged offences committed by teachers).

• (2) In this Schedule “the E-Commerce Directive” means Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market....

Domestic service providers: extension of liability

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Non-UK service providers: restriction on proceedings

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Exceptions for mere conduits

4

• (1) A service provider is not guilty of an offence under section 141G in respect of anything done in the course of providing so much of an information society service as consists in—

• (a) the provision of access to a communication network, or

• (b) the transmission in a communication network of information provided by a recipient of the service,

if the following condition is satisfied.

• (2) The condition is that the service provider does not—

• (a) initiate the transmission,

• (b) select the recipient of the transmission, or

• (c) select or modify the information contained in the transmission.

• (3) For the purposes of sub-paragraph (1)—

• (a) the provision of access to a communication network, and

• (b) the transmission of information in a communication network,

includes the automatic, intermediate and transient storage of the information transmitted so far as the storage is solely for the purpose of carrying out the transmission in the network.

• (4) Sub-paragraph (3) does not apply if the information is stored for longer than is reasonably necessary for the transmission.

Exception for caching

5

• (1) This paragraph applies where an information society service consists in the transmission in a communication network of information provided by a recipient of the service.

• (2) The service provider is not guilty of an offence under section 141G in respect of the automatic, intermediate and temporary storage of information so provided, if—

• (a) the storage of the information is solely for the purpose of making more efficient the onward transmission of the information to other recipients of the service at their request, and

• (b) the following conditions are satisfied.

• (3) The first condition is that the service provider does not modify the information.

• (4) The second condition is that the service provider complies with any conditions attached to having access to the information.

• (5) The third condition is that if the service provider obtains actual knowledge that—

• (a) the information at the initial source of the transmission has been removed from the network,

• (b) access to it has been disabled, or

• (c) a court or administrative authority has ordered the removal from the network of, or the disablement of access to, the information,

the service provider expeditiously removes the information or disables access to it.

Exception for hosting

6

• (1) A service provider is not guilty of an offence under section 141G in respect of anything done in the course of providing so much of an information society service as consists in the storage of information provided by a recipient of the service, if the condition is met.

• (2) The condition is that—

• (a) the service provider had no actual knowledge when the information was provided that it contained offending material, or

• (b) on obtaining actual knowledge that the information contained offending material, the service provider expeditiously removed the information or disabled access to it.

• (3) “Offending material” means material the publication of which constitutes an offence under section 141G.

• (4) This paragraph does not apply if the recipient of the service is acting under the authority or control of the service provider.

Interpretation

7

• (1) In this Schedule—

• “information society services”—has the meaning given in Article 2(a) of the E-Commerce Directive (which refers to Article 1(2) of Directive 98/34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations), andis summarised in recital 17 of the E-Commerce Directive as covering “any service normally provided for remuneration, at a distance, by means of electronic equipment for the processing (including digital compression) and storage of data, and at the individual request of a recipient of a service”;

• “recipient”, in relation to a service, means any person who, for professional ends or otherwise, uses an information society service, in particular for the purposes of seeking information or making it accessible;

• “service provider” means a person providing an information society service.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schools forums

Repeal of power to make certain special arrangements for preserving religious character

Admission appeals

Power of local authority to provide for governing body to consist of interim executive members

Training in provision of further education

Qualified teacher status

Directions under section 142: contractor, agency, etc.

Application of pay-scale

Welsh local authorities' powers to make regional provision

Consent to checks on suitability

Rights of appeal in relation to registration

Introductory

32A

• (1) A local authority in Wales must determine the term dates for each community, voluntary controlled or community special school or maintained nursery school in its area.

• (2) A governing body of a foundation or voluntary aided school in Wales (a “relevant governing body”) must determine the term dates for its school.

• (3) In exercising its functions under subsection (1), a local authority must co-operate and co-ordinate with—

• (a) each relevant governing body in its area, and

• (b) every other local authority in Wales,

to ensure that the term dates determined are the same (or as similar as can be) for every maintained school in Wales.

• (4) In exercising its functions under subsection (2), a relevant governing body must co-operate and co-ordinate with—

• (a) the local authority, and

• (b) every other relevant governing body in the local authority's area,

to ensure that the term dates determined are the same (or as similar as can be) for every maintained school in Wales.

• (5) Each local authority in Wales must notify the Welsh Ministers of the term dates which have been determined for a school year in respect of all the maintained schools in its area.

• (6) The Welsh Ministers may by regulations make provision about the requirements of notification under subsection (5) including, in particular, provision about—

• (a) the form and content of notifications;

• (b) the period in which notification must be given;

• (c) the procedure for notification.

• (7) A local authority or a relevant governing body may alter the term dates which have been notified to the Welsh Ministers only if all the parties mentioned in subsection (8) agree to the alteration.

• (8) The parties are—

• (a) the local authority,

• (b) each relevant governing body in the local authority's area, and

• (c) the Welsh Ministers.

• (9) In this section—

• “maintained school” means a school in Wales which is a community, foundation or voluntary school, a community special school or a maintained nursery school;

• “term dates” means the dates on which the school terms and holidays are to begin and end.

32B

• (1) The Welsh Ministers may direct a local authority in Wales or a relevant governing body to determine such term dates for a maintained school in Wales as may be specified in the direction.

• (2) A direction under subsection (1) may, in particular—

• (a) require different dates to be determined for different schools;

• (b) be made in respect of such descriptions of schools as may be specified in the direction (for example, all community schools or all schools within a specified area);

• (c) require the determination of different dates from those already determined or altered under section 32A.

• (3) Before making a direction under subsection (1) the Welsh Ministers must carry out such consultation as they consider appropriate.

• (4) The Welsh Ministers may, by regulations, make such further provision about such consultation as they consider necessary or expedient.

• (5) The Welsh Ministers must publish a direction under subsection (1) electronically.

• (6) In this section—

• “maintained school” has the same meaning as in section 32A(9);

• “relevant governing body” means the governing body of a foundation or voluntary aided school in Wales;

• “term dates” means the dates on which the school terms and holidays are to begin and end.

32C

• (1) Except in the circumstances described in subsection (2), a governing body of a maintained school must determine the times of the school sessions for the school.

• (2) The circumstances are—

• (a) that the local authority in whose area the school is situated have given notice to the governing body that the times of the school sessions are to be determined in accordance with subsection (4), and

• (b) that the notice has not been withdrawn by the local authority.

• (3) A local authority must not give a notice under this section unless they consider that a change in the times of the school sessions is necessary or expedient in order to—

• (a) promote the use of sustainable modes of travel within the meaning of section 11 of the Learner Travel (Wales) Measure 2008 (nawm 2), or

• (b) improve the effectiveness or efficiency of travel arrangements made, or to be made, by the authority under that Measure.

• (4) In the circumstances described in subsection (2)—

• (a) where there are 2 sessions on the relevant school day—

• (i) the local authority must determine the time each day at which the first school session starts and the second school session ends, and

• (ii) the governing body must determine the time each day at which the first school session ends and the second school session starts,

• (b) where there is one school session on the relevant school day the local authority must determine the time each day at which the school session starts and ends.

• (5) The Welsh Ministers may by regulations make provision—

• (a) as to the procedure to be followed where the governing body of a community, voluntary controlled or community special school or maintained nursery school proposes to make any change in the time of the school sessions;

• (b) as to the implementation of any such proposal;

• (c) for enabling the local authority to determine, for any purposes of the regulations, whether any person is to be treated as a parent of a registered pupil at the school;

• (d) as to the procedure to be followed where the local authority propose to give a notice under this section;

• (e) as to the form and content of such a notice;

• (f) as to the implementation of a determination made under subsection (4).

• (6) A local authority must have regard to any guidance given by the Welsh Ministers when giving a notice under subsection (2) or discharging any function conferred by this section or regulations made under it.

• (7) In this section—

• “maintained school” means a school in Wales which is a community, foundation or voluntary school, a community special school or a maintained nursery school;

• “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.

Staffing of community, voluntary controlled, community special and maintained nursery schools

Power to secure proper performance: duty of authority where directions contemplated

Power to secure proper performance: further provisions

Arrangements for admission of pupils to Academies

Meaning of “nursery education” and related expressions

General requirements in relation to curriculum

Information concerning directions under section 114

Appeals against directions under section 114 etc.

Repeal of School Teachers’ Pay and Conditions Act 1991

Directions under section 142: appeal

Wales: provision of higher education

Wales: provision of higher education

Local authority functions concerning school lunches, milk etc.

Name and seal of governing body

Expenditure incurred for community purposes

Procedure for giving direction under section 96

Environmental Protection Act 1990 (c. 43)

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Disqualification for registration

Expansion or reduction of zone

Inspections by Chief Inspector

Saving and transitional provision

Saving and transitional provision

Education Act 1996 (c. 56)

Education Reform Act 1988 (c. 40)

Admission appeals

Duty of local authorities to secure proposals

The General Teaching Councils for England and Wales

Delegation of functions relating to allowances

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Qualifications, Curriculum and Assessment Authority for Wales

Special Educational Needs

Special Educational Needs

Local Government Act 1974 (c. 7)

Local Government Act 1972 (c. 70)

Education Act 1994 (c. 30)

Children Act 1989 (c. 14)

Learning and Skills Act 2000 (c. 21)

Appeals against directions under section 93 etc.

Repeal of School Teachers’ Pay and Conditions Act 1991

Appraisal

General interpretation

General interpretation

General interpretation

Publication of information

Environmental Protection Act 1990 (c. 43)

Diocesan Boards of Education Measure 1991 (1991 No. 2)

Further and Higher Education Act 1992 (c. 13)

...

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Consent to checks on suitability

Suspension of registration

Expansion or reduction of zone

Expansion or reduction of zone

Education Reform Act 1988 (c. 40)

Environmental Protection Act 1990 (c. 43)

Tribunals and Inquiries Act 1992 (c. 53)

156A

• (1) References in this Chapter to an independent school are to an independent school in Wales.

• (2) For provision regulating independent schools in England, see Chapter 1 of Part 4 of the Education and Skills Act 2008.

Publication of information

Learning and Skills Act 2000 (c. 21)

Learning and Skills Act 2000 (c. 21)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Suspension of registration

Disclosure of criminal record

Rights of entry etc.

Education Reform Act 1988 (c. 40)

Environmental Protection Act 1990 (c. 43)

Children Act 1989 (c. 14)

Education Act 1996 (c. 56)

Education Act 1996 (c. 56)

Protection of Children Act 1999 (c. 14)

Allowances in respect of education or training

Local authority functions concerning school lunches, milk etc.

General interpretation

School Inspections Act 1996 (c. 57)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Inspections by Chief Inspector

Disclosure of criminal record

The Qualifications, Curriculum and Assessment Authority for Wales

Public Passenger Vehicles Act 1981 (c. 14)

Education Act 1996 (c. 56)

Education Act 1996 (c. 56)

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Introductory

The Qualifications, Curriculum and Assessment Authority for Wales

80A

• (1) The Secretary of State must give guidance about the provision of education under section 80(1)(c), (d) and (e).

• (2) In relation to education provided under section 80(1)(c) and (d), the guidance must be given with a view to ensuring that—

• (a) the pupils learn about—

• (i) the nature of marriage and civil partnership and their importance for family life and the bringing up of children,

• (ii) safety in forming and maintaining relationships,

• (iii) the characteristics of healthy relationships, and

• (iv) how relationships may affect physical and mental health and wellbeing, and

• (b) the education is appropriate having regard to the age and the religious background of the pupils.

• (3) The governing body of a maintained school must have regard to guidance under this section.

• (4) The Secretary of State must review guidance under this section from time to time.

• (5) In this section “maintained school” includes a community or foundation special school established in a hospital.

80B

• (1) The governing body of a maintained school must—

• (a) make, and keep up to date, a separate written statement of their policy with regard to the provision of education under each of paragraphs (1)(c) and (d) of section 80, and

• (b) publish a copy of the statement on a website and provide a copy free of charge to anyone who asks for one.

• (2) A statement under subsection (1) must include a statement of the effect of section 405(3) of the Education Act 1996 (exemption from sex education: England).

• (3) The governing body must consult parents of registered pupils at the school before making or revising a statement under subsection (1).

• (4) In this section “maintained school” includes a community or foundation special school established in a hospital.

Expenditure incurred for community purposes

Further and Higher Education Act 1992 (c. 13)

Education Act 1997 (c. 44)

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Local Government Act 1974 (c. 7)

92A

The additional learning provision described in an individual development plan prepared or maintained by a local authority in Wales under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 may include provision—

• (a) excluding the application of the National Curriculum for England, or

• (b) applying the National Curriculum for England with such modifications as may be specified in the plan.

Supplementary provisions relating to transfer or delegation of functions

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rights of entry etc.

Paid chairmen for local learning and skills councils

Education Act 1997 (c. 44)

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