Education Act 2002

(5) No prejudice shall be taken to arise for the purposes of subsection (3)(a) from the admission to a maintained school in a school year of a number of pupils in a relevant age group which does not exceed the number determined under section 89 as the number of pupils in that age group that it is intended to admit to the school in that year; but this subsection does not apply if the conditions set out in subsection (5A) are met in relation to the school and the school year. (5A) Those conditions are— (a) that the school is one at which boarding accommodation is provided for pupils; and (b) that the determination under section 89 by the admission authority of the admission arrangements which are to apply for that year includes the determinations mentioned in paragraphs (a) and (b) of section 89A(2). (5B) Where the conditions set out in subsection (5A) are met in relation to a maintained school and a school year, no prejudice shall be taken to arise for the purposes of subsection (3)(a) from either of the following— (a) the admission to the school in that year as boarders of a number of pupils in a relevant age group which does not exceed the number determined under section 89 as the number of pupils in that age group that it is intended to admit to the school in that year as boarders; (b) the admission to the school in that year otherwise than as boarders of a number of pupils in a relevant age group which does not exceed the number determined under section 89 as the number of pupils in that age group that it is intended to admit to the school in that year otherwise than as boarders.

• (2) After section 89 of that Act there is inserted—

(89A) (1) A determination under section 89 by the admission authority for a maintained school of the admission arrangements which are to apply for a school year shall include a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year. (2) Such a determination under section 89 may also, if the school is one at which boarding accommodation is provided for pupils, include— (a) a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year as boarders, and (b) a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year otherwise than as boarders. (3) Regulations may make provision about the making of any determination required by subsection (1), and may in particular require the admission authority for a maintained school to have regard, in making any such determination, to— (a) any prescribed method of calculation, and (b) any other prescribed matter. (4) References in this section to the determination of any number include references to the determination of zero as that number.

Co-ordination of admission arrangements

48

After section 89A of the School Standards and Framework Act 1998 (c. 31) there is inserted—

(89B) (1) Regulations may require a local authority — (a) to formulate, for any academic year in relation to which prescribed conditions are satisfied, a qualifying scheme for co-ordinating the arrangements for the admission of pupils to maintained schools in their area, and (b) to take prescribed action with a view to securing the adoption of the scheme by themselves and each governing body who are the admission authority for a maintained school in their area. (2) Subject to subsection (3), the Secretary of State may make, in relation to the area of a local authority and an academic year, a scheme for co-ordinating the arrangements, or assisting in the co-ordination of the arrangements, for the admission of pupils to maintained schools in that area. (3) A scheme may not be made under subsection (2) in relation to a local authority and an academic year if, before the prescribed date in the year preceding the year in which that academic year commences— (a) a scheme formulated by the local authority in accordance with subsection (1) is adopted in the prescribed manner by the persons mentioned in paragraph (b) of that subsection, and (b) the authority provide the Secretary of State with a copy of the scheme and inform him that the scheme has been so adopted. (4) The Secretary of State may by regulations require local authorities to provide other local authorities with such information as may be required by them in connection with the exercise of any of their functions under this Chapter. (5) Regulations may provide— (a) that each local authority shall secure that, subject to such exceptions as may be prescribed, no decision made by any admission authority for a maintained school in their area to offer or refuse a child admission to the school shall be communicated to the parent of the child except on a single day, designated by the local authority, in each year, or (b) that, subject to such exceptions as may be prescribed, a decision made by the admission authority for a maintained school to offer or refuse a child admission to the school shall not be communicated to the parent of the child except on a prescribed day. (6) In this section— - “academic year” means a period commencing with 1st August and ending with the next 31st July; - “qualifying scheme” means a scheme that meets prescribed requirements. (89C) (1) Regulations may make provision about the contents of schemes under section 89B(2), including provision about the duties that may be imposed by such schemes on— (a) local authorities, and (b) the admission authorities for maintained schools. (2) Regulations may provide that where a local authority or the governing body of a maintained school have, in such manner as may be prescribed, adopted a scheme formulated by a local authority for the purpose mentioned in section 89B(1)(a), sections 496 and 497 of the Education Act 1996 shall apply as if any obligations imposed on the local authority or governing body under the scheme were duties imposed on them by that Act. (3) Regulations may provide that where any decision as to whether a child is to be granted or refused admission to a maintained school falls to be made in prescribed circumstances, the decision shall, if a scheme adopted or made by virtue of this section so provides, be made by the local authority regardless of whether they are the admission authority for the school. (4) Before proposing a scheme for adoption under section 89B(1) a local authority shall comply with such requirements as to consultation as may be prescribed. (5) Regulations under subsection (4) may in particular require consultations to be undertaken with a view to securing that the arrangements for the admission of pupils to maintained schools in the areas of different local authorities are, so far as is reasonably practicable, compatible with each other. (6) Before making a scheme under section 89B(2) in relation to the area of any local authority, the Secretary of State shall consult— (a) the local authority, and (b) any governing body who are the admission authority for a school which appears to the Secretary of State to be a school to which the scheme will apply. (7) A scheme made under section 89B(2) may be varied or revoked by the Secretary of State.

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

49

Section 91 of the School Standards and Framework Act 1998 (c. 31) (special arrangements to preserve religious character of foundation or voluntary aided school) shall cease to have effect.

Admission appeals

50

In section 94 of the School Standards and Framework Act 1998 (appeal arrangements: general) for subsection (5) there is substituted—

(5) An appeal pursuant to any arrangements made under this section shall be to an appeal panel constituted in accordance with regulations. (5A) Regulations may make provision about the making of appeals pursuant to such arrangements, including provision— (a) as to the procedure on such appeals, (b) for the payment by the local authority of allowances to members of an appeal panel, and (c) as to the grounds on which an appeal panel may, in the case of an appeal to which subsection (5B) applies, determine that a place is to be offered to the child concerned. (5B) This subsection applies to any appeal against a decision made on the ground that prejudice of the kind referred to in section 86(3)(a) would arise as mentioned in subsection (4) of that section. (5C) Regulations made by virtue of subsection (5A)(b) 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 an appeal panel.

Further amendments relating to admission arrangements

51

Schedule 4 (which contains further amendments relating to admission arrangements) shall have effect.

Exclusion of pupils

Exclusion of pupils

52

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

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

• (3) Regulations shall 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 for enabling a prescribed person to appeal, in any prescribed case, to a panel constituted in accordance with the regulations against any decision of the responsible body not to reinstate a pupil, and

• (d) as to the procedure on appeals.

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

• (a) for the payment by the local authority of allowances to members of a panel constituted in accordance with the regulations,

• (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 National Assembly for Wales,

• (c) requiring local authorities to give prescribed information to ... the Assembly, ... and

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

• (5) In subsection (3), “the responsible body” means—

• (a) in relation to exclusion from a maintained school, the governing body of the school, and

• (b) in relation to exclusion from a pupil referral unit, such person as may be prescribed;

and, in relation to any time when no responsible body is prescribed in relation to permanent exclusion from a pupil referral unit, subsection (3) shall have effect in relation to such an exclusion with the omission of paragraph (b) and as if the decision referred to in paragraph (c) were the decision of the teacher in charge of the unit permanently to exclude the pupil.

• (6) Regulations made by virtue of subsection (4)(a) may provide for any of the provisions of sections 173 to 174 of the Local Government Act 1972 (c. 70) or (in relation to Wales) Part 5A of the Democracy and Boundary Commission Cymru etc. Act 2013 (allowances to members of local authorities and other bodies) to apply with prescribed modifications in relation to members of a panel constituted in accordance with regulations under this section.

• (7) Regulations shall make provision enabling a prescribed person, in any prescribed case, to appeal to a panel constituted in accordance with the regulations against any decision made after 31st August 1994 under paragraph 7 of Schedule 1 to the Education Act 1996 (c. 56), or any enactment repealed by that Act, in relation to the permanent exclusion of a pupil from a pupil referral unit; and the provision that may be made by regulations made by virtue of this subsection in relation to any such decision includes any provision that could after the commencement of subsections (2) to (4) be made in relation to a decision falling within subsection (3)(c).

• (8) Regulations under this section which—

• (a) relate to exclusions from pupil referral units (whether before or after the passing of this Act), and

• (b) are made before the repeal by this Act of the existing enactments is fully in force,

may provide for any provision made by or under the existing enactments to have effect in relation to exclusions from pupil referral units with such modifications as may be prescribed.

• (9) In subsection (8) “the existing enactments” means sections 64(2) and (3) and 65 to 67 of, and Schedule 18 to, the School Standards and Framework Act 1998 (c. 31).

• (10) In this section “exclude”, in relation to the exclusion of a child from a school or pupil referral unit, means exclude on disciplinary grounds (and “exclusion” shall be construed accordingly).

• (11) In this section “maintained school” has the same meaning as in Chapter 1.

Attendance targets

Attendance targets

53

• (1) Section 63 of the School Standards and Framework Act 1998 (power to make regulations for targets relating to unauthorised absences) is amended as follows.

• (2) In subsections (1) and (3), the word “unauthorised” is omitted.

• (3) After subsection (3) there is inserted—

(3A) Provision made by regulations under this section may relate to— (a) absences which are authorised pursuant to regulations under section 434 of the Education Act 1996, or (b) absences which are not so authorised, or (c) both.

• (4) In subsection (4), the definition of “unauthorised absence” is omitted.

Part 4 — Powers of intervention

Schools causing concern

Duty to notify where inspection shows school causing concern

54

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

Cases in which powers of intervention exercisable

55

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

Power of Secretary of State to appoint additional governors or direct closure

56

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

Power of LEA to provide for governing body to consist of interim executive members

57

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

Power of Secretary of State to provide for governing body to consist of interim executive members

58

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

Governing bodies consisting of interim executive members

59

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

Local authorities

Powers of Secretary of State to secure proper performance of LEA’s functions

60

• (1) Section 497A of the Education Act 1996 (c. 56) (power to secure proper performance of functions of local authority) is amended as follows.

• (2) For subsection (1) there is substituted—

(1) This section applies to a local authority’s functions under this Act and to other functions (of whatever nature) which are conferred on them in their capacity as a local authority.

• (3) In subsection (2), for “(3) or (4)” there is substituted “ (4), (4A) or (4B) ”.

• (4) After subsection (2) there is inserted—

(2A) The Secretary of State may also exercise his powers under subsection (4), (4A) or (4B) where— (a) he has given a previous direction under subsection (4), (4A) or (4B) in relation to a local authority in respect of any function to which this section applies, and (b) 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 the previous direction the authority would fail in any respect to perform that function to an adequate standard (or at all).

• (5) Subsection (3) is omitted.

• (6) For subsection (4) there is substituted—

(4) 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.

• (7) After subsection (4) there is inserted—

(4A) 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 authority shall comply with any instructions of the Secretary of State or his nominee in relation to the exercise of the function. (4B) The Secretary of State may under this subsection (whether or not he exercises the power conferred by subsection (4) or (4A) in relation to any function) 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 is performed to an adequate standard.

• (8) For subsection (5) there is substituted—

(5) Where the Secretary of State considers it expedient that— (a) in the case of directions given under subsection (4), the person specified in the directions, or (b) 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 under subsection (4) or (4A) may relate to the performance of those other functions as well; and in considering whether it is expedient that that person should perform any such additional functions, the Secretary of State may have regard to financial considerations.

• (9) In subsection (6), for paragraph (b) there is substituted—

(b) have effect for a period specified in the direction unless revoked earlier by the Secretary of State.

• (10) In subsection (7), for “(3) or (4)” there is substituted “ (4), (4A) or (4B) ”.

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

61

After section 497A of the Education Act 1996 (c. 56) there is inserted—

(497AA) Where, in relation to any function to which section 497A applies, the Secretary of State— (a) is satisfied as mentioned in subsection (2) or (2A)(b) of that section, and (b) 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

62

• (1) Section 497B of the Education Act 1996 is amended as follows.

• (2) In subsection (1), for the words from “section 497A(4)” to “those directions” there is substituted “ section 497A(4) or (4A) to a local authority or to an officer of such an authority, the specified person ”.

• (3) After that subsection there is inserted—

(1A) In this section “the specified person” means— (a) in relation to directions under section 497A(4), the person specified in the directions, and (b) in relation to directions under section 497A(4A), the Secretary of State or the person nominated by him.

Power to require LEA to obtain advisory services

63

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

Provisions supplementary to section 63

64

• (1) Where section 62A ... applies in relation to a local authority and the Secretary of State ... has notified the authority that he ...is contemplating the giving of a direction under that section, the authority shall give the Secretary of State..., and any person authorised by the Secretary of State... for the purposes of this subsection, such assistance, in connection with the proposed contract or other arrangement, as the authority are reasonably able to give.

• (2) Where a direction under section 62A... is given to a local authority, the relevant person shall be entitled, for the purposes of providing the advisory services, to exercise the powers conferred by subsections (3) to (6).

• (3) The relevant person shall have at all reasonable times—

• (a) a right of entry to the premises of the authority, and

• (b) 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 provision of the advisory services.

• (4) Section 497B(3) of the Education Act 1996 (c. 56) (right of access to computers etc) applies in relation to the exercise by the relevant person of the right conferred by subsection (3) as it applies to the exercise by the specified person (within the meaning of that section) of the right conferred by section 497B(2) of that Act.

• (5) Without prejudice to subsection (3), the authority shall give the relevant person all assistance in connection with the provision of the advisory services which they are reasonably able to give.

• (6) Subsection (3) applies 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)—

• (a) the governing body of any such school shall give the relevant person all assistance in connection with the provision of the advisory services which they are reasonably able to give, and

• (b) 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.

• (7) In this section—

• “the advisory services” means the services to be provided in pursuance of the direction under section 62A...;

• “documents” and “records” each include information recorded in any form;

• “the relevant person” means—the person specified under section 62A(2) ..., orwhere the direction specifies a class of persons, the person with whom the local authority enter into the contract or other arrangement required by the direction,and includes any person assisting that person in the provision of the advisory services.

Part 5 — School organisation

Academies and city colleges

Academies

65

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (3) Schedule 7 (which inserts a new Schedule into the Education Act 1996 (c. 56) to make provision about land in relation to Academies, and makes other supplementary provision about Academies) shall have effect.

Arrangements for admission of pupils to Academies

66

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

Conversion of city academies into Academies

67

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

City colleges

68

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

Uniform statutory trusts

69

In section 557 of the Education Act 1996 (uniform statutory trusts), in the definition of “relevant school” in subsection (10), after “means a relevant school” there is inserted “ , Academy, city technology college or city college for the technology of the arts, ”.

Proposals to establish, alter or discontinue schools

Proposals for additional secondary schools

70

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

Duty of LEAs to secure proposals

71

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

Proposals relating to sixth forms

72

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

Proposals by governing bodies of community schools

73

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

Proposals for establishment of federated school

74

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

Changes to existing procedures

75

Schedule 10 (which makes amendments to the School Standards and Framework Act 1998 and the Learning and Skills Act 2000 in respect of the procedures for the establishment, alteration and discontinuance of certain maintained schools) shall have effect.

Part 6 — The curriculum in England

Preliminary

Interpretation of Part 6

76

• (1) In this Part—

• “assess” includes ... test, and related expressions shall be construed accordingly;

• “assessment arrangements”, in relation to a key stage, means the arrangements for assessing pupils in respect of that stage for the specified purposes;

• “attainment targets”, in relation to a key stage, means the knowledge, skills and understanding which pupils of different abilities and maturities are expected to have by the end of that stage;

• ...

• “the foundation stage” has the meaning given by section 81;

• “key stage”, or references to a particular key stage, shall be construed in accordance with section 82;

• “maintained school” means—any community, foundation or voluntary school maintained by a local authority in England, orexcept where otherwise stated, any community or foundation special school which is maintained by a local authority in England and is not established in a hospital;

• “maintained nursery school” means a nursery school which is maintained by a local authority in England and is not a special school;

• “programmes of study”, in relation to a key stage, means matters, skills and processes which are required to be taught to pupils of different abilities and maturities by the end of that stage;

• ...

• “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 school term to begin after the following July; ...

• (2) In subsection (1) “the specified purposes”, in relation to assessment arrangements for a key stage, means—

• (a) the purpose of ascertaining what pupils have achieved in relation to the attainment targets for that stage, and

• (b) such other purposes as the Secretary of State may by order specify.

Meaning of “nursery education” and related expressions

77

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

General duties in respect of the curriculum

General requirements in relation to curriculum

78

• (1) The curriculum for a maintained school or maintained nursery school satisfies the requirements of this section if it is a balanced and broadly based curriculum which—

• (a) promotes the spiritual, moral, cultural, mental and physical development of pupils at the school and of society, and

• (b) prepares pupils at the school for the opportunities, responsibilities and experiences of later life.

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

Duty to implement general requirements

79

• (1) The Secretary of State shall exercise his functions with a view to securing that the curriculum for every maintained school or maintained nursery school satisfies the requirements of section 78.

• (2) Every local authority in England shall exercise their functions with a view to securing that the curriculum for every maintained school or maintained nursery school which they maintain satisfies the requirements of section 78.

• (3) The governing body and head teacher of every maintained school or maintained nursery school shall exercise their functions with a view to securing that the curriculum for the school satisfies the requirements of section 78.

• (4) The functions referred to in subsections (1) to (3) include in particular—

• (a) functions conferred by this Part in relation to the National Curriculum for England, and

• (b) except in relation to maintained nursery schools ..., functions relating to religious education and religious worship.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In exercising any function which may affect the provision of sex education in maintained schools (whether or not as part of the education required to be provided under section 80(1)(d)), every local authority in England must have regard to relevant guidance issued by the Secretary of State under section 80A of this Act or section 403(1A) of the Education Act 1996.

• (7) Except to the extent provided in subsection (6), nothing in this section shall be taken to impose duties on a local authority with regard to sex education.

Basic curriculum for every maintained school in England

80

• (1) The curriculum for every maintained school in England shall comprise a basic curriculum which includes—

• (a) provision for religious education for all registered pupils at the school (in accordance with such of the provisions of Schedule 19 to the School Standards and Framework Act 1998 (c. 31) as apply in relation to the school),

• (b) a curriculum for all registered pupils at the school who have ceased to be young children for the purposes of Part 1 of the Childcare Act 2006 but are not over compulsory school age (known as “the National Curriculum for England”),

• (c) provision for relationships education for all registered pupils at the school who are provided with primary education,

• (d) provision for relationships and sex education for all registered pupils at the school who are provided with secondary education, and

• (e) provision for health education for all registered pupils at the school.

• (2) Subsection (1)(a) does not apply—

• (a) in relation to pupils who are under compulsory school age , or

• (b) in the case of a maintained special school (provision as to religious education in special schools being made by regulations under section 71(7) of the School Standards and Framework Act 1998).

• (2A) Subsection (1)(c) and (e) do not apply in relation to pupils who are under compulsory school age.

• (3) The Secretary of State may by order—

• (a) amend subsection (1) so as to add further requirements (otherwise than in relation to religious education relationships education, relationships and sex education or health education),

• (b) amend subsection (1)(b) by substituting for the reference to compulsory school age (or to any age specified there by virtue of this paragraph) a reference to such other age as may be specified in the order, and

• (c) amend any provision included in subsection (1) by virtue of paragraph (a) of this subsection.

The National Curriculum for England

The foundation stage

81

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

The key stages

82

• (1) For the purposes of this Part, the key stages in relation to a pupil are—

• (a) the period beginning at the same time as the school year in which he attains the age of six and ending at the same time as the school year in which the majority of pupils in his class attain the age of seven (“the first key stage”),

• (b) the period beginning at the same time as the school year in which the majority of pupils in his class attain the age of eight and ending at the same time as the school year in which the majority of pupils in his class attain the age of eleven (“the second key stage”),

• (c) the period beginning at the same time as the school year in which the majority of pupils in his class attain the age of twelve and ending at the same time as the school year in which the majority of pupils in his class attain the age of fourteen (“the third key stage”), and

• (d) the period beginning at the same time as the school year in which the majority of pupils in his class attain the age of fifteen and ending at the same time as the school year in which the majority of pupils in his class cease to be of compulsory school age (“the fourth key stage”).

• (2) The head teacher of a school may elect, in relation to a particular pupil and a particular subject, that subsection (1) shall have effect as if any reference to the school year in which the majority of pupils in that pupil’s class attain a particular age were a reference to the school year in which that pupil attains that age.

• (3) If at any time, in the case of a pupil of compulsory school age, subsection (1) does not, apart from this subsection, apply to determine the period within which that time falls, that subsection shall have effect as if—

• (a) in the case of paragraphs (a) to (c), any reference to the school year in which the majority of pupils in that pupil’s class attain a particular age were a reference to the school year in which that pupil attains that age, and

• (b) in the case of paragraph (d), the period were a period beginning at the same time as the school year in which he attains the age of fifteen and ending when he ceases to be of compulsory school age.

• (4) The Secretary of State may by order—

• (a) provide that, in relation to any subject specified in the order, subsection (1) shall have effect as if for the ages of seven and eight there specified there were substituted such other ages (less than eleven and twelve respectively) as may be specified in the order, or

• (b) amend subsections (1) to (3).

• (5) In this section “class”, in relation to a particular pupil and a particular subject, means—

• (a) the teaching group in which he is regularly taught in that subject, or

• (b) where there are two or more such groups, such one of them as may be designated by the head teacher of the school.

Curriculum requirements for foundation stage

83

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

Curriculum requirements for first, second and third key stages

84

• (1) For the first, second and third key stages, the National Curriculum for England shall comprise the core and other foundation subjects specified in subsections (2) and (3), and shall specify attainment targets, programmes of study and assessment arrangements in relation to each of those subjects for each of those stages.

• (2) The following are the core subjects for the first, second and third key stages—

• (a) mathematics,

• (b) English, and

• (c) science.

• (3) The following are the other foundation subjects for the first, second and third key stages—

• (a) design and technology,

• (b) computing,

• (c) physical education,

• (d) history,

• (e) geography,

• (f) art and design,

• (g) music,

• (ga) in relation to the second key stage, a foreign language, and

• (h) in relation to the third key stage—

• (i) citizenship, and

• (ii) a modern foreign language.

• (A4) In paragraph (ga) of subsection (3) “foreign language” means –

• (a) a foreign language specified in an order made by the Secretary of State for the purposes of this subsection, or

• (b) if the order provides that any foreign language is a foreign language for the purposes of this subsection, any foreign language;

• (4) In sub-paragraph (ii) of subsection (3)(h) “modern foreign language” means –

• (a) a modern foreign language specified in an order made by the Secretary of State for the purposes of this subsection, or

• (b) if the order provides that any modern foreign language is a modern foreign language for the purposes of this subsection, any modern foreign language.

• (5) An order under subsection (A4) or (4) may—

• (a) specify circumstances in which a language is not to be treated as a foundation subject, and

• (b) provide for the determination under the order of any question arising as to whether a particular language is a foreign language or modern foreign language, as the case may be.

• (6) The Secretary of State may by order amend subsections (2) to (5).

Curriculum requirements for fourth key stage

85

• (1) For the fourth key stage, the National Curriculum for England shall comprise the core and other foundation subjects and the elements referred to in subsection (5).

• (2) The National Curriculum for England shall specify programmes of study in relation to each of the core and other foundation subjects for the fourth key stage.

• (3) The following are the core subjects for the fourth key stage—

• (a) mathematics,

• (b) English, and

• (c) science.

• (4) The following are the other foundation subjects for the fourth key stage—

• (a) computing,

• (b) physical education, and

• (c) citizenship.

• (5) The elements for the fourth key stage referred to in subsection (1) are—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in relation to any pupil who so elects, one subject from each of such one or more of the four entitlement areas specified below as the pupil may elect.

• (6) Those entitlement areas are—

• (a) arts, comprising—

• (i) art and design,

• (ii) music,

• (iii) dance,

• (iv) drama, and

• (v) media arts,

• (b) design and technology (comprising only that subject),

• (c) humanities, comprising—

• (i) geography, and

• (ii) history, and

• (d) modern foreign languages, comprising any modern foreign language specified in an order made by the Secretary of State or, if the order so specifies, any modern foreign language.

• (7) An order under subsection (6)(d) may—

• (a) specify circumstances in which a language is not to be treated as falling within subsection (6)(d), and

• (b) provide for the determination under the order of any question arising as to whether a particular language is a modern foreign language.

• (8) A pupil in the fourth key stage shall, if he so elects, be entitled to follow a course of study in a subject within each of the four entitlement areas specified in subsection (6); but this entitlement is satisfied where one subject within each of those entitlement areas is made available to him by or on behalf of the school at which he is a registered pupil.

• (9) In the exercise of their functions under this Part by virtue of this section, a local authority, governing body or head teacher shall have regard to any guidance relating to ... the entitlement areas which is issued from time to time by the Secretary of State.

• (10) In this section—

• “course of study” means a course of education or training which leads to a qualification approved under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act;

• ...

Power to alter or remove requirements for fourth key stage

86

The Secretary of State may by order—

• (a) amend any provision of section 85, or

• (b) provide that, while the order remains in force, that section is not to have effect.

Establishment of the National Curriculum for England by order

87

• (1) The Secretary of State shall so exercise the powers conferred by subsection (3) as to revise the National Curriculum for England whenever he considers it necessary or expedient to do so.

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

• (3) In respect of the first, second and third key stages and (subject to section 86) the fourth key stage, the Secretary of State may by order specify in relation to each of the foundation subjects—

• (a) such attainment targets,

• (b) such programmes of study, and

• (c) such assessment arrangements,

as he considers appropriate for that subject.

• (4) An order under subsection ... (3) may not require—

• (a) the allocation of any particular period or periods of time during ... any key stage to the teaching of any ... programme of study or any matter, skill or process forming part of it, or

• (b) the making in school timetables ... of provision of any particular kind for the periods to be allocated to such teaching during any such stage.

• (5) An order under subsection ... (3) may, instead of containing the provisions to be made, refer to provisions in a document published by a person, and in the manner, specified in the order and direct that those provisions are to have effect or, as the case may be, are to have effect as amended by the order.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6A) Before making an order under subsection (3)(c) the Secretary of State—

• (a) shall consult the Office of Qualifications and Examinations Regulation, and

• (b) may consult such other persons as the Secretary of State considers appropriate.

• (7) An order under subsection (3)(c) may confer or impose such functions on—

• (a) the governing body and head teacher, ...

• (b) the local authority,

• (c) ... and

• (d) any other person with whom the Secretary of State has made arrangements in connection with the development, implementation or monitoring of assessment arrangements,

as appear to the Secretary of State to be required.

• (8) An order under subsection ... (3)(c) may specify such assessment arrangements as may for the time being be made by a person specified in the order.

• (8A) An order under subsection (3)(c) which includes provision made by virtue of subsection (8) shall provide that before making or revising the assessment arrangements the person specified in the order—

• (a) shall consult the Office of Qualifications and Examinations Regulation, and

• (b) may consult such other persons as that person considers appropriate.

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) The duties that may be imposed by virtue of subsection (7)(a) or (b) include, in relation to persons exercising any function in connection with the moderation or monitoring of assessment arrangements, the duty to permit them—

• (a) to enter premises of the school ...,

• (b) to observe implementation of the arrangements, and

• (c) to inspect, and take copies of, documents and other articles.

• (11) An order under subsection (3)(c) may authorise a person specified in the order to make delegated supplementary provisions in relation to such matters as may be specified in the order.

• (12) In this section “delegated supplementary provisions” means such provisions (other than provisions conferring or imposing functions as mentioned in subsection (7)(a) or (b)) as appear to the authorised person to be expedient for giving full effect to, or otherwise supplementing, the provisions made by the order.

• (12A) An order under subsection (3)(c) which authorises a person to make delegated supplementary provisions shall provide that before making, amending or revoking any such provisions the person so authorised—

• (a) shall consult the Office of Qualifications and Examinations Regulation, and

• (b) may consult such other persons as that person considers appropriate.

• (13) An order under subsection (3)(c) authorising the making of delegated supplementary provisions may provide that such provisions may be made only with the approval of the Secretary of State.

• (14) Any delegated supplementary provisions shall, on being published as specified in the order under which they are made, have effect for the purposes of this Part as if made by the order.

Implementation of the National Curriculum for England in schools

88

• (1) In relation to any maintained school and any school year—

• (a) the local authority and the governing body shall exercise their functions with a view to securing, and

• (b) the head teacher shall secure,

that the National Curriculum for England as subsisting at the beginning of that year is implemented.

This subsection does not apply in relation to assessment arrangements.

• (1A) In relation to any maintained school—

• (a) the local authority and the governing body must exercise their functions with a view to securing, and

• (b) the head teacher must secure,

that the assessment arrangements specified for the time being in the National Curriculum for England are implemented.

Implementation in respect of nursery schools etc.

89

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

The National Curriculum for England: special cases

Development work and experiments

90

• (1) For the purpose of enabling development work or experiments to be carried out, the Secretary of State may direct in respect of a particular maintained school ... that, for such period as may be specified in the direction, the National Curriculum for England—

• (a) shall not apply, or

• (b) shall apply with such modifications as may be specified in the direction.

• (2) A direction under subsection (1) may apply either generally or in such cases as may be specified in the direction.

• (3) In the case of a community, voluntary controlled or community special school ..., a direction shall not be given under subsection (1) except on an application—

• (a) by the governing body with the agreement of the local authority, or

• (b) by the local authority with the agreement of the governing body, ...

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In the case of a foundation, voluntary aided or foundation special school, a direction shall not be given under subsection (1) except on an application by the governing body....

• (5) The Secretary of State may make it a condition of a direction under subsection (1) that any person by whom or with whose agreement the request for the direction was made should, when so directed or at specified intervals, report on any matters specified by the Secretary of State to—

• (a) the Secretary of State, or

• (b) a person designated for the purposes of this subsection by the Secretary of State.

• (5A) If required by the Secretary of State to do so a person designated for the purposes of this subsection by the Secretary of State shall keep under review development work or experiments carried out following a direction given under subsection (1).

• (5B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5C) A designation under subsection (5)(b) or (5A) may make different provision for different purposes.

• (6) The Secretary of State may by a direction under this subsection vary or revoke a direction under subsection (1).

Exceptions by regulations

91

Regulations may provide that the National Curriculum for England, or such of the provisions of the National Curriculum for England as may be specified in the regulations—

• (a) shall not apply, or

• (b) shall apply with such modifications as may be specified in the regulations,

in such cases or circumstances as may be specified in the regulations.

Pupils with statements of special educational needs

92

The special educational provision for any pupil specified in an EHC plan maintained for the pupil 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.

Temporary exceptions for individual pupils

93

• (1) Regulations may enable the head teacher of a maintained school ..., in such cases or circumstances and subject to such conditions as may be prescribed, to direct in respect of a registered pupil at the school that, for such period as may be specified in the direction (the “operative period” of the direction), the National Curriculum for England—

• (a) shall not apply, or

• (b) shall apply with such modifications as may be specified in the direction.

• (2) The conditions prescribed by the regulations shall, in particular, limit the operative period that may be specified in a direction to a maximum period specified in the regulations.

• (3) Any maximum period specified (whether in relation to directions given under the regulations or in relation to directions given under the regulations in circumstances specified in the regulations) shall be either—

• (a) a fixed period not exceeding six months, or

• (b) a period determinable (in such manner as may be specified in the regulations) not later than six months from its beginning.

• (4) Any maximum period so specified may, without prejudice to the generality of section 210(7) (which provides that regulations under this Act may make different provision for different cases or circumstances etc.), differ according to whether or not the direction in question is given in respect of a period beginning—

• (a) immediately after the end of the operative period of a previous direction, or

• (b) within such period after the end of the operative period of a previous direction as may be specified in the regulations.

• (5) The regulations may enable the head teacher of a maintained school ..., in such cases or circumstances and subject to such conditions as may be prescribed—

• (a) to revoke any direction given by him under the regulations, and

• (b) to vary such a direction, except so as to extend its operative period.

• (6) Before making any regulations under this section, the Secretary of State shall consult with any persons with whom consultation appears to him to be desirable.

Information concerning directions under section 93

94

• (1) Where a head teacher gives or varies a direction under regulations made under section 93, he shall, in such manner as may be prescribed, give the information mentioned in subsection (2)—

• (a) to the governing body, and

• (b) to the local authority by whom the school is maintained,

and shall take such steps as may be prescribed to give that information also to a parent of the pupil concerned.

• (2) That information is—

• (a) the fact that he has taken the action in question, its effect and his reasons for taking it,

• (b) the provision that is being or is to be made for the pupil’s education during the operative period of the direction, and

• (c) either a description of the manner in which he proposes to secure the full implementation of the National Curriculum for England in relation to the pupil after the end of that period, or an indication that he has the opinion mentioned in subsection (3).

• (3) That opinion is that the pupil has or probably has special educational needs and the responsible authority ought to be required to secure an EHC needs assessment for the pupil under section 36 of the Children and Families Act 2014 (or, if an EHC plan is maintained for the pupil, a re-assessment under section 44 of that Act).

• (4) Where—

• (a) the head teacher of a maintained school ... includes an indication of any such opinion in information given under subsection (1), and

• (b) the local authority by whom the school is maintained are not the responsible authority in relation to the pupil in question,

the head teacher shall also give that information, in such manner as may be prescribed, to the responsible authority.

• (5) Where the responsible authority receive information given to them under subsection (1) or (4) which includes an indication that the head teacher has the opinion mentioned in subsection (3), they shall make a determination in respect of the pupil under section 36(3) of the Children and Families Act 2014 (or, if an EHC plan is maintained for the pupil, under that section as it applies to re-assessments by virtue of regulations under section 44(7)).

• (6) In this section “the responsible authority”, in relation to a pupil, means the local authority responsible for him for the purposes of Part 3 of the Children and Families Act 2014 (see section 24 of that Act).

Appeals against directions under section 93 etc.

95

• (1) Where a head teacher—

• (a) gives, revokes or varies a direction under regulations made under section 93,

• (b) refuses to give, revoke or vary such a direction in response to a request made, in such manner and circumstances as may be prescribed by the regulations, by the parent of a registered pupil at the school, or

• (c) following the making of such a request, fails within such period as may be prescribed by the regulations to give, revoke or vary such a direction in accordance with the request,

the parent of the pupil concerned may appeal to the governing body.

• (2) On such an appeal, the governing body may—

• (a) confirm the head teacher’s action, or

• (b) direct the head teacher to take such action authorised by the regulations as they consider appropriate in the circumstances.

• (3) The head teacher shall comply with any directions of the governing body given under subsection (2)(b).

• (4) The governing body shall notify the appellant and the head teacher in writing of their decision on such an appeal.

Supplementary provisions

Procedure for making certain orders and regulations

96

• (1) This section applies where the Secretary of State proposes to make—

• (a) an order under section 82(4), 84(6) or 87(3)(a) or (b), or

• (b) regulations under section 91.

• (2) The Secretary of State must give notice of the proposal to such of the following as appear to the Secretary of State to be concerned with the proposal—

• (a) associations of local authorities,

• (b) bodies representing the interests of school governing bodies, and

• (c) organisations representing school teachers.

• (3) The Secretary of State must also give notice of the proposal to any other persons with whom consultation appears to the Secretary of State to be desirable.

• (4) The Secretary of State must give the bodies and other persons mentioned in subsections (2) and (3) a reasonable opportunity of submitting evidence and representations as to the issues arising from the proposal.

• (5) After considering any evidence and representations submitted in pursuance of subsection (4), the Secretary of State must publish, in such manner as, in the Secretary of State's opinion, is likely to bring them to the notice of persons with a special interest in education—

• (a) a draft of the proposed order or regulations and any associated document, and

• (b) a summary of the views expressed during the consultation.

• (6) The Secretary of State must allow a period of at least one month beginning with the publication of the draft of the proposed order or regulations for the submission of any further evidence and representations as to the issues arising.

• (7) When the period allowed has expired, the Secretary of State may make the order or regulations, with or without modifications.

Part 7 — The curriculum in Wales

Preliminary

Interpretation of Part 7

97

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

Meaning of “nursery education” and related expressions

98

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

General duties in respect of the curriculum

General requirements in relation to curriculum

99

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

Duty to implement general requirements

100

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

Basic curriculum for every maintained school in Wales

101

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

The National Curriculum for Wales

The foundation stage

102

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

The key stages

103

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

Curriculum requirements for foundation stage

104

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

Curriculum requirements for first, second and third key stages

105

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

Curriculum requirements for fourth key stage

106

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

Power to alter or remove requirements for fourth key stage

107

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

Establishment of the National Curriculum for Wales by order

108

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

Implementation of the National Curriculum for Wales in schools

109

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

Implementation in respect of nursery schools etc.

110

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

The National Curriculum for Wales: special cases

Development work and experiments

111

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

Exceptions by regulations

112

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

Pupils with statements of special educational needs

113

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

Temporary exceptions for individual pupils

114

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

Information concerning directions under section 114

115

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

Appeals against directions under section 114 etc.

116

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

Supplementary provisions

Procedure for making certain orders and regulations

117

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

Programmes of research etc in relation to Wales

118

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

Part 8 — Teachers

Teachers’ pay and conditions

School Teachers' Review Body

119

• (1) The body established under section 1 of the School Teachers’ Pay and Conditions Act 1991 (c. 49) (review body)—

• (a) shall continue to exist, and

• (b) shall be known as the School Teachers’ Review Body.

• (2) The Prime Minister shall appoint the chairman of the Review Body.

• (3) The Secretary of State shall appoint other members of the Review Body.

• (4) Schedule 11 (which makes provision about the Review Body) shall have effect.

Review Body: function

120

• (1) The School Teachers’ Review Body shall consider any matter which is referred to them by the Secretary of State and which relates to—

• (a) the remuneration of school teachers, or

• (b) other conditions of employment of school teachers which relate to their professional duties or working time.

• (2) In subsection (1) “school teacher” means a person who is a school teacher for the purposes of the Secretary of State’s power under section 122 to make orders about remuneration and other conditions of employment.

• (3) Following consideration of a matter under subsection (1) the Review Body shall report to the Prime Minister and the Secretary of State in accordance with any direction of the Secretary of State about—

• (a) a consideration to which they are to have particular regard,

• (b) matter on which they are to make a recommendation, or

• (c) the time within which they are to report.

• (4) Where the Prime Minister and the Secretary of State receive a report under subsection (3) they shall arrange for it to be published.

• (5) A direction under subsection (3) may be varied or revoked.

Consultation by Review Body

121

• (1) Before reporting on a matter referred to them under section 120(1) the School Teachers’ Review Body shall—

• (a) notify each relevant body,

• (b) give each relevant body an opportunity to submit evidence and make representations, and

• (c) give the Secretary of State an opportunity to submit evidence and make representations.

• (2) In relation to a matter referred to the Review Body “relevant body” means such of the following as appear to the Review Body to be appropriate to consult about the matter—

• (a) associations of local authorities,

• (b) local authorities,

• (c) bodies representing the interests of governing bodies of schools, and

• (d) bodies representing the interests of teachers.

• (3) The Review Body may—

• (a) determine the manner in which each relevant body is permitted to submit evidence or make representations, and

• (b) may make different determinations in respect of different relevant bodies.

Power to prescribe pay and conditions

122

• (1) The Secretary of State may by order make provision for the determination of—

• (a) the remuneration of school teachers;

• (b) other conditions of employment of school teachers which relate to their professional duties or working time.

• (2) Where an order under this section applies to a school teacher—

• (a) his remuneration shall be determined and paid in accordance with any provision of the order which applies to him,

• (b) a provision of the order which relates to a condition of employment other than remuneration and which applies to him shall have effect as a term of his contract of employment, and

• (c) a term of that contract shall have no effect in so far as it makes provision which is prohibited by the order or which is otherwise inconsistent with a provision of the order.

• (3) A person is a school teacher for the purposes of this section if—

• (a) he is a qualified teacher,

• (b) he provides primary or secondary education under a contract of employment or for services,

• (c) the other party to the contract is a local authority or the governing body of a foundation, voluntary aided or foundation special school, and

• (d) the contract requires him to carry out work of a kind which is specified by regulations under section 133(1).

• (4) A person is also a school teacher for the purposes of this section if he serves as the head teacher of a school maintained by a local authority.

• (5) A person is also a school teacher for the purposes of this section if his case satisfies paragraphs (b), (c) and (d) of subsection (3) and—

• (a) he possesses a prescribed qualification,

• (b) he provides education of a prescribed kind or in prescribed circumstances (or both),

• (c) he is undertaking training of a prescribed kind, or obtaining experience of a prescribed kind, with a view to becoming a qualified teacher,

• (d) he is within a prescribed class of persons awaiting assessment for the purpose of becoming a qualified teacher, or

• (e) he is within a prescribed class of persons awaiting the award of a qualification.

• (6) A person providing education in an establishment maintained by a local authority in the exercise of a social services function is not a school teacher for the purposes of this section.

• (7) In the application of subsection (2)—

• (a) it is immaterial whether someone other than the party mentioned in subsection (3)(c) provides or is responsible for providing all or part of a teacher’s remuneration,

• (b) it is immaterial whether someone other than the party mentioned in subsection (3)(c) is treated wholly or partly as a teacher’s employer for some or all purposes by virtue of an enactment, and

• (c) in relation to a person who provides education under a contract for services, a reference to his contract of employment is a reference to the contract for services.

• (8) In this section “prescribed” means prescribed by an order under this section.

Order under section 122: scope

123

• (1) An order under section 122 may, in particular—

• (a) confer discretion on a local authority or a governing body;

• (b) confer a function (which may include the administration of a test or assessment, the exercise of a discretion or the exercise of a supervisory or appellate jurisdiction) on the Secretary of State or on a specified person who has agreed with the Secretary of State to perform that function;

• (c) require a discretion or function conferred under paragraph (a) or (b) to be exercised having regard to guidance given by the Secretary of State or another specified person;

• (d) make provision for the determination of a teacher’s remuneration by reference to any matter including, in particular, his qualifications, experience, duties, aptitude or previous salary;

• (e) make provision for a right of appeal specified by or determined in accordance with the order;

• (f) limit the aggregate amount of an allowance, or of a number of allowances, payable to teachers in a school;

• (g) set a lower or upper limit on the number or proportion of teachers in a school who are paid on a specified scale;

• (h) set a lower or upper limit on the number or proportion of teachers in a school who are paid a specified allowance;

• (i) provide for special provisions to apply in relation to a description of school specified by or determined in accordance with the order;

• (j) provide for the determination of a question of the interpretation or application of a provision of the order.

• (2) Provision under subsection (1)(e) or (j) may—

• (a) confer jurisdiction on a court, tribunal, person or body;

• (b) provide for a matter to be settled by agreement between, or in a manner agreed between, teachers and local authorities or teachers and governing bodies.

• (3) An order under section 122 may make retrospective provision, but not so as to—

• (a) reduce remuneration in respect of a period wholly or partly before the making of the order, or

• (b) alter a condition of employment to the detriment of a teacher in respect of a period wholly or partly before the making of the order.

• (4) The Secretary of State may by order provide—

• (a) that a payment or entitlement of a specified kind is or is not to be treated as remuneration for the purpose of section 122(1);

• (b) that a specified matter is or is not to be treated for that purpose as relating to the professional duties of school teachers;

• (c) that a specified matter is or is not to be treated for that purpose as relating to the working time of school teachers.

Order under section 122: supplemental

124

• (1) An order under section 122 may—

• (a) make provision which applies generally or only in a specified case or in specified circumstances;

• (b) make different provision for different cases or circumstances;

• (c) make transitional provision.

• (2) An order under section 122 may make provision by reference to the exercise of another power under this Act.

• (3) An order under section 122 may make provision by reference to a document; and—

• (a) an order which makes provision by reference to a document must include provision about publication of the document, and

• (b) a reference in this section to an order includes a reference to a document referred to by an order.

Reference to Review Body

125

• (1) An order under section 122 may make provision about a matter only if the Secretary of State has—

• (a) referred the matter to the School Teachers’ Review Body under section 120, and

• (b) considered their report.

• (2) But subsection (1) shall not apply—

• (a) to subsidiary provision, or

• (b) in a case where the Secretary of State has consulted the chairman of the Review Body about disapplying that subsection.

• (3) Provision is subsidiary for the purpose of subsection (2)(a) if the Secretary of State thinks that it—

• (a) concerns only the criteria for entry into or exit from a particular class of teachers for purposes of remuneration,

• (b) concerns only the criteria for moving from one scale of remuneration to another,

• (c) concerns only the implementation or application of a system or principle on which the Review Body has reported,

• (d) prescribes a matter for the purpose of section 122(5),

• (e) is made under section 123(4), or

• (f) is minor, consequential, temporary, transitional or designed to resolve an anomaly.

• (4) The Secretary of State may by order provide that provision of a specified kind (which may be described wholly or partly by reference to an opinion of the Secretary of State or another person)—

• (a) shall be subsidiary for the purpose of subsection (2)(a), or

• (b) shall cease to be subsidiary for that purpose.

• (5) An order under subsection (4) may amend subsection (3).

Consultation by Secretary of State

126

The Secretary of State may not make an order under section 122 or 125(4)(a) unless he has consulted such of the following as appear to him to be appropriate to consult having regard to the content of the order—

• (a) associations of local authorities,

• (b) local authorities,

• (c) bodies representing the interests of governing bodies of schools, and

• (d) bodies representing the interests of teachers.

Guidance

127

• (1) The Secretary of State may issue guidance about the procedure to be followed in applying provision of an order under section 122.

• (2) The following shall have regard to guidance under subsection (1)—

• (a) a local authority, and

• (b) the governing body of a school.

• (3) Where an employer fails to follow guidance under subsection (1)—

• (a) the failure shall not give rise to civil liability, but

• (b) a court or tribunal may take the failure into account in any proceedings.

• (4) The Secretary of State may not issue guidance under subsection (1) unless he has consulted such of the following as appear to him to be appropriate to consult having regard to the nature of the guidance—

• (a) associations of local authorities,

• (b) local authorities,

• (c) bodies representing the interests of governing bodies of schools, and

• (d) bodies representing the interests of teachers.

Education action zone

128

• (1) This section applies to a school which forms part of an education action zone for the purposes of Chapter 3 of Part 1 of the School Standards and Framework Act 1998 (c. 31).

• (2) On the application of the governing body of a school, the Secretary of State may by order provide that section 122(2) shall not apply to any school teacher at the school.

• (3) Where an order under subsection (2) is in force in respect of a school—

• (a) the governing body shall determine the remuneration and other conditions of employment of each school teacher at the school,

• (b) the local authority shall do anything necessary to give effect to the governing body’s determination, and

• (c) pending a determination under paragraph (a), the terms on which a school teacher works at the school shall remain unchanged (irrespective of any new order under section 122).

• (4) A governing body may not make an application under subsection (2) unless they have consulted each school teacher at the school.

• (5) An application under subsection (2) must specify a date for commencement of the order sought; and—

• (a) the date specified must not precede the expiry of the period of three months beginning with the date on which the application is made, and

• (b) an order made on the application must provide that it comes into force on the date specified in the application or on a later date which is agreed between the Secretary of State and the governing body and which is specified in the order.

• (6) The Secretary of State may make regulations about the application of section 122(2) where an order under subsection (2) above—

• (a) is revoked, or

• (b) lapses (in whole or in part) because one or more schools to which the order relates cease to form part of an education action zone.

• (7) In this section “school teacher” has the same meaning as in section 122.

Transfer of employment

129

• (1) Section 122(2) shall not apply to a person if—

• (a) a maintained school is established in place of an independent school in pursuance of proposals published under the relevant school organisation provisions (as defined by subsection (6)), and

• (b) the person becomes a school teacher in the maintained school in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 2006.

• (2) But if the school teacher gives a notice in writing under this subsection to his new employer, section 122(2) shall apply to him in respect of the period beginning with—

• (a) a date specified in the notice,

• (b) if no date is specified under paragraph (a), a date agreed between the teacher and the new employer, or

• (c) if no date is specified under paragraph (a) or agreed under paragraph (b), the date on which the employer receives the notice.

• (3) Where the governing body of a foundation, voluntary aided or foundation special school receive a notice under subsection (2), they shall inform the local authority.

• (4) In this section “school teacher” has the same meaning as in section 122.

• (5) In subsection (1) “maintained school” means—

• (a) a community school,

• (b) a foundation school,

• (c) a voluntary school,

• (d) a community special school,

• (e) a foundation special school, or

• (f) a maintained nursery school.

• (6) In subsection (1)(a) “the relevant school organisation provisions” means—

• (a) in relation to England, section 28, 28A or 31 of the School Standards and Framework Act 1998, section 66 of the Education Act 2005 or section 7 or 11 of the Education and Inspections Act 2006, and

• (b) in relation to Wales, section 28 or 31 of the School Standards and Framework Act 1998 or Part 3 of the School Standards and Organisation (Wales) Act 2013.

Repeal of School Teachers' Pay and Conditions Act 1991

130

The School Teachers’ Pay and Conditions Act 1991 (c. 49) shall cease to have effect.

School teachers’ appraisal

Appraisal

131

• (1) Regulations may require the appraisal of the performance of teachers—

• (a) in a manner specified by the regulations, and

• (b) at times specified by or determined in accordance with the regulations.

• (2) The regulations may impose a duty on—

• (a) a local authority;

• (b) the governing body of a school or institution;

• (c) the head teacher of a school or the principal of an institution.

• (3) The regulations may—

• (a) require or permit an appraisal to be carried out in a manner which confers a discretion on a person specified by or chosen or determined in accordance with the regulations;

• (b) permit a person on whom a duty is imposed under subsection (2) to delegate that duty in whole or in part.

• (4) The regulations may require or permit a person listed in subsection (2) to have regard to the results of an appraisal in the performance of a function specified by the regulations.

• (5) The results of an appraisal may be used in determining a teacher’s remuneration.

• (6) Before making regulations under this section the Secretary of State shall consult such of the following as appear to him to be appropriate—

• (a) associations of local authorities in England,

• (b) local authorities in England,

• (c) bodies representing the interests of governing bodies in England,

• (d) bodies representing the interests of teachers in England, ...

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) Before making regulations under this section the National Assembly for Wales shall consult such of the following as appear to it to be appropriate—

• (a) associations of local authorities in Wales,

• (b) local authorities in Wales,

• (c) bodies representing the interests of governing bodies in Wales, and

• (d) bodies representing the interests of teachers in Wales, ...

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) Section 49 of the Education (No. 2) Act 1986 (c. 61) (appraisal) shall cease to have effect.

School teachers’ qualifications

Qualified teacher status

132

• (1) A reference in the Education Acts to a “qualified teacher” is to a person who satisfies requirements specified in regulations.

• (2) A requirement of regulations under this section may relate to—

• (a) the possession of a specified qualification or experience of a specified kind;

• (b) participation in or completion of a specified programme or course of training;

• (c) compliance with a specified condition;

• (d) an exercise of discretion by the Secretary of State, the National Assembly for Wales or another specified person.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The National Assembly for Wales shall consult the Education Workforce Council before making regulations under this section which make provision by reference to—

• (a) the content of a course or programme, or

• (b) the standard of education or training provided through a course or programme.

Requirement to be qualified

133

• (1) Regulations may provide that specified work may not be carried out by a person in a school in England unless he—

• (a) is a qualified teacher, or

• (b) satisfies specified requirements.

• (2) Regulations specifying work for the purpose of this section may make provision by reference to—

• (a) one or more specified activities, or

• (b) the circumstances in which activities are carried out.

• (3) Provision by virtue of subsection (2) may, in particular, be made by reference to an activity specified in a document of the kind mentioned in section 124(3).

• (4) A requirement of regulations under this section may, in particular, relate to—

• (a) the possession of a specified qualification or experience of a specified kind;

• (b) participation in or completion of a specified programme or course of training;

• (c) compliance with a specified condition;

• (d) an exercise of discretion by the Secretary of State, the National Assembly for Wales, another specified person or another person of a specified description.

• (5) Regulations may limit the period of time during which work may be carried out by a person in reliance on subsection (1)(b).

• (6) In this section “school” means—

• (a) a school maintained by a local authority, or

• (b) a special school not so maintained.

Requirement to be registered

134

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

Head teachers

135

• (1) Regulations may provide that a person may serve as the head teacher of a school only if he is a qualified teacher.

• (2) Regulations may provide that a person may serve as the head teacher of a school only if he has a specified qualification (in addition to any qualification required by virtue of subsection (1)).

• (3) A provision of regulations under subsection (2) shall not apply to a person who has been appointed as the head teacher of a school before the commencement of the provision.

• (4) Regulations under subsection (2) shall not prevent a person from carrying out the functions of the head teacher of a school—

• (a) pending the appointment of a head teacher, or

• (b) in the absence of the head teacher.

• (5) In this section “school” means—

• (a) a school maintained by a local authority, or

• (b) a special school not so maintained.

Further education

Provision of education

136

Regulations may—

• (a) prohibit the provision of education at a further education institution in Wales by a person who does not have a specified qualification;

• (b) prohibit the provision of education at a further education institution in Wales by a person unless he is serving or has served a probationary period;

• (c) specify conditions to be complied with by or in respect of persons providing education at a further education institution.

Principals of further education institutions

137

• (1) Regulations may provide that a person may serve as the principal of a further education institution in Wales only if he has a specified qualification.

• (2) Regulations under subsection (1) shall not prevent a person from serving as the principal of an institution while he is following a course or programme which—

• (a) is of a kind specified in the regulations, and

• (b) is designed to lead to the award of a qualification specified under subsection (1).

• (2A) Regulations under subsection (1) may limit the period of time during which a person may serve as the principal of an institution in reliance on subsection (2).

• (3) A provision of regulations made under subsection (1) by the Welsh Ministers in relation to Wales shall not apply to a person who has been appointed as the principal of an institution in England or Wales ” before the commencement of the provision.

• (4) Regulations under subsection (1) shall not prevent a person from carrying out the functions of the principal of an institution—

• (a) pending the appointment of a principal, or

• (b) in the absence of the principal.

Training in provision of further education

138

• (1) This section applies to a course which is designed to lead to the award of a qualification specified under section 136 or 137(1).

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

• (3) The National Assembly for Wales may by regulations—

• (a) prohibit the provision by a further or higher education institution in Wales of a course to which this section applies without the approval of the National Assembly;

• (b) enable the National Assembly to determine the number of persons who may undertake a specified course to which this section applies at a further or higher education institution in Wales;

• (c) enable the National Assembly to determine the number of persons in different categories who may undertake a specified course to which this section applies at a further or higher education institution in Wales.

Wales: provision of higher education

139

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

Further education: general

140

• (1) Regulations under any of sections 136 to 139 may provide that a specified provision of the regulations shall not apply where a specified condition (which may refer to the opinion of a specified person) is satisfied.

• (2) Regulations under any of sections 136 to 139 may impose a function on—

• (a) a local authority, or

• (b) the governing body of a further or higher education institution.

• (3) In sections 136 to 139—