Legalize / United Kingdom / Public General Act

Education Act 2002

Type Public General Act

Publication 2002-07-24

Last updated 2025-09-01

State In force

Department Statute Law Database

Source legislation.gov.uk

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Reform history JSON API

(3) This section also applies to an activity of a prescribed kind performed in the course of the provision of education by a person—

(a) otherwise than in a school or a further education institution, and

(b) under a contract of employment or for services where the other party is a local authority or a person exercising a function relating to the provision of education on behalf of a local authority.

(4) This section also applies to an activity of a prescribed kind (other than the provision of education) where—

(a) the activity is carried out by a person under a contract of employment or for services,

(b) the other party to the contract is—

(i) a local authority which entered into the contract for purposes connected with any of their education functions,

(ii) the governing body of a school, or

(iii) a further education institution,

(5) In this section—

“child” means a person who has not attained the age of 18 years,

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

“further education institution” has the meaning given by section 140, and

“school” means—a school maintained by a local authority, ora special school not so maintained.

Misconduct etc.

Prohibition from teaching, etc.

142

(1) The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may direct that a person—

(a) may not carry out work to which this section applies;

(b) may carry out work to which this section applies only in circumstances specified in the direction;

(2) This section applies to—

(a) providing education at a school,

(b) providing education at a further education institution,

(c) providing education under a contract of employment or for services where the other party to the contract is a local authority or a person exercising a function relating to the provision of education on behalf of a local authority, and

(d) taking part in the management of an independent school.

(3) This section also applies to work of a kind which—

(a) brings a person regularly into contact with children, and

(b) is carried out at the request of or with the consent of a relevant employer (whether or not under a contract).

(4) A direction under this section may be given in respect of a person only—

(a) on the grounds that the person is included (otherwise than provisionally) in the list kept under section 1 of the Protection of Children Act 1999 (c. 14) (list of individuals considered unsuitable to work with children),

(b) on the grounds that the person is unsuitable to work with children,

(d) on grounds relating to the person’s health, or

(e) in the case of a direction given by virtue of subsection (2)(d), on grounds relating to the person’s professional incompetence (or on a ground mentioned in any of paragraphs (a) to (d)).

(5) The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may by regulations prescribe the procedure for giving a direction under this section (including provision about notification of persons who are subject to directions).

(6) The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may vary or revoke a direction under this section except in a case where—

(a) the direction was given on the grounds that a person is unsuitable to work with children, and

(b) the person claims that he is no longer unsuitable to work with children.

(7) The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may by regulations prescribe the grounds on which a person subject to a direction under this section may seek to have it varied or revoked under subsection (6).

(8) Where a person is subject to a direction under this section, a relevant employer shall not use the person to carry out work in contravention of the direction.

(9) In this section—

“child” means a person who has not attained the age of 18 years,

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

“further education institution” has the meaning given by section 140,

“relevant employer” means— local authority exercising an education function,a person exercising a function relating to the provision of education on behalf of a local authority,the proprietor of a school, orthe governing body of a further education institution, and

“school” includes an independent school.

Directions under section 142: contractor, agency, etc.

143

(1) A person shall not arrange for an individual who is subject to a direction under section 142 to carry out work in contravention of the direction.

(2) If the Secretary of State thinks that a person is likely to fail to comply with the duty under this section in relation to work in England, the Secretary of State may direct the person to take or refrain from taking specified steps with a view to securing compliance with that duty.

(3) If the National Assembly for Wales thinks that a person is likely to fail to comply with the duty under this section in relation to work in Wales, the National Assembly may direct the person to take or refrain from taking specified steps with a view to securing compliance with that duty.

(4) A direction under subsection (2) shall be enforceable, on the application of the Secretary of State, by a mandatory order.

(5) A direction under subsection (3) shall be enforceable, on the application of the National Assembly, by a mandatory order.

Directions under section 142: appeal

144

(1) A person in respect of whom a direction has been given under section 142 may appeal to the First-tier Tribunal—

(a) against the decision to give the direction;

(b) against a decision not to vary or revoke the direction.

(2) In a case to which subsection (3) applies, the Tribunal may, on an application for a review of a direction under section 142, revoke the direction.

(3) This subsection applies to a case where—

(a) the direction was given on the grounds that the applicant is unsuitable to work with children,

(b) the applicant has obtained the leave of the Tribunal to apply for a review of the direction, and

(4) The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may by regulations—

(a) provide that the Tribunal may not entertain an appeal under this section in so far as the appellant’s case is inconsistent with his having been convicted of an offence;

(b) prescribe circumstances in which the Tribunal shall allow an appeal under this section;

(d) prescribe circumstances in which the Tribunal shall grant an application for leave under this section;

(e) prescribe circumstances in which the Tribunal shall grant an application for a review under this section;

(f) prescribe the powers available to the Tribunal on revoking a direction.

Sections 132to 140: general

Specification of qualification or course

145

(1) A power under sections 132 to 140 to make provision by reference to a specified qualification, a specified course of education or training or a specified programme includes power to make provision—

(a) by reference to a class or description of qualification, course or programme;

(b) by reference to the institution, or class or description of institution, which awards the qualification or provides the course or programme;

(c) which confers discretion on the Secretary of State, ... ... the National Assembly for Wales, the Commission for Tertiary Education and Research, the General Teaching Council for Wales or another specified person.

(2) A discretion under subsection (1)(c) may, in particular, refer to approval or accreditation of a qualification, course, programme or institution.

(3) Regulations made by virtue of subsection (1) may impose a duty on ... the Commission for Tertiary Education and Research.

Repeal of sections 218 and 218A of Education Reform Act 1988

146

Sections 218 and 218A of the Education Reform Act 1988 (c. 40) (school and further and higher education regulations) shall cease to have effect.

1999 Pay Document

Application of pay-scale

147

(1) This section—

(a) applies to the construction of paragraph 18 of the document referred to in article 3 of the Education (School Teachers’ Pay and Conditions) (No. 2) Order 1999 (S.I. 1999/2160) (classroom teachers: criteria for position on pay spine) as it had effect from 1st September 1999 to 31st March 2000, and

(b) shall be treated as having come into force on 1st September 1999 (for all purposes including the calculation of pensions).

(2) Where a person is awarded one or more points, he shall be paid the salary shown for the spine point which equates to the number of points awarded.

(3) Where a person is not awarded a point, he shall be paid the salary shown for the lowest spine point.

(4) In paragraph 18.1.1 (good honours degree)—

(a) paragraph (a) shall be ignored,

(b) paragraph (b) shall be treated as applying irrespective of the date of a person’s appointment to his first post following qualification as a teacher, and

General Teaching Councils for England and Wales

The General Teaching Councils for England and Wales

148

Schedule 12 (which contains amendments relating to the General Teaching Council for England and the General Teaching Council for Wales) shall have effect.

Part 9 — Childcare and nursery education

Childcare

Duties of LEA in respect of childcare

149

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

(2) Section 19(1) and (2) of the Children Act 1989 (c. 41) (duty of local authorities in England and Wales to conduct periodic reviews of child care) shall cease to have effect.

Early years development and childcare partnerships and plans

150

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

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

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

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Early years development partnerships are renamed “early years development and childcare partnerships” ...; accordingly in Part 5 of that Act after “early years development” (in each place it occurs) there is inserted “ and childcare ”.

Childcare functions of Her Majesty’s Chief Inspector and National Assembly for Wales

151

(1) The Secretary of State may by order confer on Her Majesty's Chief Inspector of Education, Children's Services and Skills such additional functions specified in the order as the Secretary of State considers necessary or expedient to enable Her Majesty’s Chief Inspector to approve persons in accordance with criteria determined by or under a scheme made under the Tax Credits Act 2002 (c. 21) for the approval of persons who are to be regarded as providing child care for the purposes of working tax credit.

(2) The National Assembly for Wales shall have any additional function specified in an order made by it which it considers necessary or expedient to enable it to approve persons as mentioned in subsection (1); but the order may only specify a function corresponding to a function which, by virtue of that subsection, is exercisable by Her Majesty's Chief Inspector of Education, Children's Services and Skills .

Regulation of child minding and day care

152

Schedule 13 (which makes provision about the regulation of child minding and day care) shall have effect.

Nursery education

Powers of LEA in respect of funded nursery education

153

(1) This section applies where a local authority in Wales, in pursuance of the duty imposed on them by section 118 of the School Standards and Framework Act 1998 (c. 31) (duty of local authority as respects availability of nursery education), makes arrangements with a person (other than the governing body of a maintained school) for the provision by that person of nursery education in consideration of financial assistance provided by the authority under the arrangements.

(2) The local authority—

(a) must, in making the arrangements, have regard to any guidance given from time to time by ... the National Assembly for Wales, as to provision to be made in such arrangements in respect of the requirements to be met by the provider of the nursery education, and

(ab) must make provision in the arrangements requiring the provider of the nursery education to have regard to any relevant guidance included in the code on additional learning needs issued under section 4 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, and

(b) must exercise their functions with a view to securing that the provider meets any requirements imposed on him by the arrangements.

(3) Subject to any guidance given under subsection (2)(a), the requirements imposed by the arrangements may, in particular, if any specified conditions are not satisfied, require the repayment of the whole or any part of any financial assistance provided by the local authority under the arrangements.

(4) In this section—

“maintained school” means a community, foundation or voluntary school, a community ... special school or a maintained nursery school;

“nursery education” means full-time or part-time education suitable for children who have not attained compulsory school age (whether provided at schools or elsewhere).

Establishment or alteration of maintained nursery schools

154

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

Inspection of nursery education

155

Schedule 14 (which makes provision about the inspection of nursery education) shall have effect.

Meaning of “nursery school” and “primary education”

156

(1) In section 6(1) of the Education Act 1996 (c. 56) (meaning of “nursery school”), after “used” there is inserted “ wholly or ”.

(2) For section 2(1) of that Act there is substituted—

(1) In this Act “primary education” means— (a) full-time or part-time education suitable to the requirements of children who have attained the age of two but are under compulsory school age; (b) full-time education suitable to the requirements of junior pupils of compulsory school age who have not attained the age of 10 years and six months; and (c) full-time education suitable to the requirements of junior pupils who have attained the age of 10 years and six months and whom it is expedient to educate together with junior pupils within paragraph (b).

Part 10 — Independent schools

Chapter 1 — Regulation of independent schools

Standards

Independent school standards

157

(1) For the purposes of this Chapter, regulations shall prescribe standards about the following matters—

(a) the quality of education provided at independent schools;

(b) the spiritual, moral, social and cultural development of pupils at independent schools;

(d) the suitability of proprietors of and staff at independent schools;

(e) the premises of and accommodation at independent schools;

(f) the provision of information by independent schools;

(g) the manner in which independent schools handle complaints.

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In this Chapter “independent school standards” means—

(a) the standards for the time being prescribed under this section, ...

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement of registration

The registers

158

(1) There shall continue to be—

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

(b) a register of independent schools in Wales.

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

(3) The register of independent schools in Wales shall be kept by the Welsh Ministers.

(4) The Welsh Ministers must publish a list of the schools included in the register of independent schools in Wales, as amended from time to time.

(5) If the Welsh Ministers have been provided with the necessary information by the proprietor of the school, the published list must specify the type or types of additional learning provision made by a school on the list for pupils with additional learning needs (if any).

Unregistered schools

159

(1) A person who conducts an independent school which is not a registered school is guilty of an offence.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to—

(a) a fine not exceeding level 5 on the standard scale, or

(b) imprisonment for a term not exceeding six months,

or to both.

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

(4) Where the Chief Inspector has reasonable cause to believe that an offence under subsection (1) is being committed on any premises, he may at any reasonable time—

(a) enter and inspect the premises, and

(b) inspect and take copies of any records or other documents which he has reasonable cause to believe may be required for the purposes of proceedings in relation to such an offence.

(5) Section 58 of the Education Act 2005 (computer records) applies in relation to the inspection of records or other documents under subsection (4)(b).

(6) It is an offence wilfully to obstruct the Chief Inspector in the exercise of his functions under subsection (4).

(7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Registration procedure

Applications for registration

160

(1) An application to enter an independent school in the register must—

(a) contain the prescribed information, and

(b) be made to the registration authority by the proprietor of the school in the prescribed manner.

(2) The information prescribed under subsection (1)(a) shall include information as to the following matters relating to the school—

(a) the age range of pupils;

(b) the maximum number of pupils;

(d) whether the school provides accommodation for pupils;

(e) the type or types of additional learning provision made by the school for pupils with additional learning needs (if any).

(3) Where the proprietor of an independent school makes an application to the registration authority under this section, the authority shall notify the Chief Inspector.

(4) The Chief Inspector shall then inspect the school and report to the registration authority on the extent to which the independent school standards are met, and are likely to continue to be met, in relation to the school.

Determination of applications for registration

161

(1) Where a school has been inspected under section 160, the registration authority shall, taking into account—

(a) the report of the Chief Inspector under that section, and

(b) any other evidence relating to the independent school standards,

determine whether those standards are met, and are likely to continue to be met, in relation to the school.

(2) The registration authority shall notify the proprietor of a school of any determination made by the authority under this section in relation to the school.

(3) If the registration authority determines under this section that the independent school standards are met, and are likely to continue to be met, in relation to a school, the authority shall enter the school in the register.

(4) An entry in the register for a school shall include —

(a) the name and address of the school,

(b) the name of the proprietor of the school, and

Enforcement of standards after registration

Changes to registered details

162

(1) The registration authority may remove a school from the register if—

(a) there is a material change in relation to the school, and

(b) the change has not been approved under this section or section 167.

(2) For the purposes of subsection (1), “material change”, in relation to a school, means—

(a) a change of proprietor,

(b) a change of address, or

(3) Applications for approval under this section must be made in writing and, in the case of approval of a change of proprietor, must be made by the proposed new proprietor.

(4) Where an application for approval is made under this section, the registration authority may require the Chief Inspector to—

(a) inspect the school, and

(b) report to the authority on the extent to which, if the change is made, any relevant standard is likely to continue to be met in relation to the school.

(5) In subsection (4), “relevant standard” means any of the independent schools standards specified by the authority for the purposes of that subsection.

(6) The registration authority shall, where an application for approval is made under this section—

(a) approve the change, if the condition in subsection (7) is satisfied, and

(b) in any other case, refuse to approve it.

(7) The condition in this subsection is that the authority is satisfied that, taking into account—

(a) any report under subsection (4), and

(b) any other evidence relating to the independent school standards,

those standards will continue to be met in relation to the school.

Power to inspect registered schools

163

(1) The registration authority may at any time—

(a) require the Chief Inspector... to inspect any registered school..., or to secure its inspection by one or more registered inspectors, or

(b) arrange for the inspection of any registered school by a body approved by the registration authority for the purposes of this subsection.

(2) The inspection of a school under this section shall relate to—

(a) such of the independent school standards as are, at the time of the inspection, specified by the registration authority for the purposes of this section in relation to any category of school into which that school falls, or

(b) if the registration authority so determines, such of the independent school standards as the registration authority may specify in relation to that school.

(3) A person who conducts an inspection under this section shall—

(a) make a report to the registration authority on the extent to which the school meets the standard or standards to which the inspection relates, and

(b) if the registration authority so requires, arrange for the publication of the report in the prescribed manner.

(4) A report published under subsection (3) is privileged for the purposes of the law of defamation unless the publication is shown to be made with malice (but without prejudice to any privilege subsisting apart from this subsection).

(5) In this section and section 164—

“registered inspector” means a person registered under section 25 of the Education Act 2005.

Inspections: supplementary

164

(1) This section applies to the inspection of a school which is conducted by the Chief Inspector... or a registered inspector under section 163(1)(a).

(2) If the inspection is conducted by a registered inspector—

(a) he may, by agreement with the Chief Inspector..., be assisted by the Chief Inspector ..., and

(b) he may be assisted by such one or more persons enrolled in the list kept under paragraph 4 of Schedule 4 to the Education Act 2005 as he may determine, subject to paragraph 3(5) of that Schedule and subsection (3) below.

(3) If the Chief Inspector... so requires, a registered inspector shall be assisted by at least one person enrolled in the list referred to in subsection (2)(b)—

(a) who is without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity, and disregarding any experience which it is reasonable to regard as insignificant), and

(b) whose primary function in the inspection is not that of providing financial or business expertise.

(4) If the inspection is conducted by a registered inspector, it may be monitored by the Chief Inspector....

(5) The person conducting the inspection, any person assisting him pursuant to subsection (2) or (3) and any person monitoring the inspection shall have at all reasonable times—

(a) a right of entry to the premises of the school, and

(b) a right to inspect and take copies of any records kept by the school and any other documents containing information relating to the school which are required for the purposes of the inspection.

(6) Section 58 of the Education Act 2005 (computer records) applies in relation to the inspection of records or other documents under subsection (5)(b).

(7) It is an offence intentionally to obstruct a person in the exercise of his functions in relation to the inspection.

(8) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(9) The proprietor of the school shall pay the Chief Inspector..., in respect of the inspection, a fee of such amount, and by such time, as may be specified in or determined under regulations.

(10) Where the proprietor fails to comply with subsection (9), the registration authority may remove the school from the register.

(11) The Chief Inspector... shall pay the amount of any fee received under subsection (9) into the Consolidated Fund.

(12) Subsection (11) has effect subject to paragraph 4 of Schedule 6 to the Government of Wales Act 1998 (Treasury power to direct that requirement for payment into Consolidated Fund not to apply in relation to specified sums received by the Chief Inspector...).

Failure to meet standards

165

(1) This section applies where, taking into account—

(a) a report under section ... 163 in respect of a registered school, or

(b) any other evidence in respect of a registered school,

the registration authority is satisfied that any one or more of the independent school standards is or are not being met in relation to the school.

(2) If the registration authority considers that there is a risk of serious harm to the welfare of pupils at the school, the authority may determine that the school is to be removed from the register on such date after the appeal period as the authority may determine.

(3) Where the registration authority does not make a determination under subsection (2), it shall serve a notice on the proprietor of the school—

(a) identifying the standard or standards in question, and

(b) requiring the proprietor to submit an action plan to the authority before the date specified in the notice (or such later date as the authority may specify after service of the notice).

(4) For the purposes of this section, an action plan is a plan specifying—

(a) the steps that will be taken to meet a standard or standards, and

(b) the time by which each step will be taken.

(5) Where an action plan is submitted in accordance with subsection (3) the registration authority may—

(a) reject it, or

(b) approve it, with or without modifications.

(6) Where an action plan is required under subsection (3) but is not submitted in accordance with that subsection, or is so submitted but rejected, the registration authority may—

(a) determine that the school is to be removed from the register on such date after the appeal period as the authority may determine, or

(b) make an order under subsection (8).

(7) Where an action plan has been approved under subsection (5), but any step specified in the plan is not taken by the date specified in the plan (whether as originally approved or as varied under paragraph (a)), the registration authority may—

(a) substitute a later date for the taking of that step,

(b) make an order under subsection (8), or

(c) determine that the school is to be removed from the register on such date after the appeal period as the authority may determine.

(8) An order under this subsection is an order requiring the proprietor of the school to do one or more of the following no later than such date after the appeal period as may be specified in the order—

(a) to cease using any part of the school premises for all purposes or purposes specified in the order;

(b) to close any part of the school’s operation;

(9) If the proprietor of a school fails to comply with an order under subsection (8)—

(a) he is guilty of an offence and liable on summary conviction to a term of imprisonment not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both, and

(b) e registration authority may determine that the school is to be removed from the register on such date after the appeal period as the authority may determine.

(10) Where the proprietor of a school in respect of which an order is made under subsection (8) applies to the registration authority for the order to be varied or revoked, the authority shall—

(a) vary or revoke the order as requested in the application, if it is satisfied that it is appropriate to do so because of any change of circumstance, and

(b) in any other case, refuse to do so.

(11) The variation or revocation of an order under subsection (10) shall take effect as from the date on which the proprietor of the school is notified of it.

(12) Where the registration authority has made a determination under this section to remove a school from the register on a particular date and no appeal is made against the determination under section 166, the authority shall remove the school from the register on that date.

(13) For the purposes of this Chapter, the “appeal period” in relation to a determination or order is the period within which an appeal against it may be made under section 166.

Appeals

166

(1) The proprietor of a registered school may appeal to the First-tier Tribunal against—

(a) a refusal under section 162 to approve a material change,

(b) a determination under section 165 to remove the school from the register,

(d) a refusal under section 165(10) to vary or revoke such an order.

(2) An appeal under subsection (1) must be made within the period of 28 days beginning with the day on which notice of the refusal, determination or order is served on the proprietor.

(3) Where an appeal is made under subsection (1)(b) against a determination under section 165—

(a) if the appeal is withdrawn or otherwise disposed of before it is determined by the tribunal under section 167, the registration authority may remove the school from the register on such date after the appeal period as it may determine, and

(b) in any other case the registration authority may only remove the school pursuant to the determination in accordance with section 167.

(4) Where an appeal is made under subsection (1)(c) against an order under section 165(8), the order shall not have effect in relation to any time before the appeal is determined by the tribunal under section 167 or withdrawn or otherwise disposed of.

(5) In the case of an appeal against a determination under section 165(2), if at any time the tribunal considers that there is a risk of serious harm occurring to the welfare of pupils before the determination of the appeal, it may by order provide that the school is to be regarded as not registered for the purposes of section 159 until the tribunal determines the appeal under section 167 (or revokes the order before so determining the appeal).

Determination of appeals

167

(1) This section applies where an appeal is made under section 166 to the First-tier Tribunal.

(2) In the case of an appeal against a refusal under section 162 to approve a material change, the tribunal may—

(a) uphold the refusal to approve, or

(b) itself approve the change.

(3) In the case of an appeal against a determination under section 165 to remove the school from the register, the tribunal may—

(a) uphold the determination, or

(b) revoke the determination.

(4) Where under subsection (3)(a) the tribunal upholds a determination, the registration authority shall remove the school from the register on such date as the tribunal may specify or, if it does not specify a date, on such date as the registration authority may determine.

(5) Where under subsection (3)(b) the tribunal revokes a determination, it may order the proprietor of the school to do one or more of the following by such time as may be specified in the order—

(a) to cease using any part of the school premises for all purposes or purposes specified in the order;

(b) to close any part of the school’s operation;

(6) In the case of an appeal against an order under section 165(8) requiring the taking of specified action, the tribunal may—

(a) uphold the order,

(b) vary the order, or

(7) In the case of an appeal against a refusal under section 165(10) to vary or revoke an order under section 165(8), the tribunal may—

(a) uphold the refusal, or

(b) if in any case it is satisfied that it is appropriate to do so because of any change of circumstance after the making of the order—

(i) vary the order in such manner as it thinks fit, or

(ii) revoke the order.

(8) The tribunal may, on the application of the proprietor of a registered school, vary or revoke any order made by it under subsection (5) in relation to the school where it is satisfied that it is appropriate to do so because of any change of circumstance.

(9) If the proprietor of a school fails to comply with an order of the tribunal under subsection (5)—

(a) he is guilty of an offence and liable on summary conviction to a term of imprisonment not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both, and

(b) the tribunal may, on the application of the registration authority, authorise the registration authority to remove the school from the register on such date as the tribunal may determine.

Supplementary

Provision of information

168

(1) Regulations may make provision for requiring the proprietor of a registered school to provide the registration authority, when the authority so requests, with such particulars relating to the school as may be prescribed.

(2) Regulations under this section may in particular—

(a) require the provision of such information as is required for the purposes of determining whether the school is—

(i) a children’s home in England (within the meaning of the Care Standards Act 2000), or

(ii) a provider of a care home service (within the meaning of the Regulation and Inspection of Social Care (Wales) Act 2016);

(b) provide for the registration authority to remove from the register any school in respect of which any requirement imposed by or under the regulations is not complied with;

(c) provide that a person who fails to comply with any specified provision of the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Unsuitable persons

169

The registration authority may remove a registered school from the register where it is satisfied that any person who, in relation to the school, carries out any work to which section 142 applies—

(a) is carrying out that work in contravention of a direction under that section, or

(b) is subject to an order under section 28 or 29 of the Criminal Justice and Court Services Act 2000 (c. 43) (disqualification from working with children).

work of a prescribed kind is subject to a direction, order or decision of a prescribed description made under any prescribed enactment having effect in any part of the United Kingdom.

Service of notice etc.

170

(1) The registration authority must serve on the proprietor of a registered school notice of—

(a) any decision made by the authority under section 162 in relation to the school;

(b) any determination or order made by the authority under section 165 in relation to the school;

(2) For the purposes of this Chapter, any notice, order or other document required to be given to or served on the proprietor of a registered school may be given to or served on him by delivering it to the registered address of the school.

Interpretation of Chapter 1

171

In this Chapter—

“appeal period” has the meaning given by section 165;

“Chief Inspector” means—...... Her Majesty’s Chief Inspector of Education and Training in Wales;

“independent school standards” has the meaning given by section 157;

“the register” means—...... the register of independent schools in Wales;

“registered” means entered in the register;

“registration authority” means the Welsh Ministers.

Chapter 2 — Children with special educational needs

Alteration to definition of “independent school”

172

For section 463 of the Education Act 1996 (c. 56) (meaning of “independent school”) there is substituted—

(463) (1) In this Act “independent school” means any school at which full-time education is provided for— (a) five or more pupils of compulsory school age, or (b) at least one pupil of that age for whom a statement is maintained under section 324, or who is looked after by a local authority (within the meaning of section 22 of the Children Act 1989), and which is not a school maintained by a local authority or a special school not so maintained. (2) For the purposes of subsection (1)(a) and (b) it is immaterial if full-time education is also provided at the school for pupils under or over compulsory school age.

Right of access of LEA

173

In section 327 of the Education Act 1996 (c. 56) ( local authority to have access to certain schools to monitor provision made for child with special educational needs), in subsection (1)(b) (schools to which section applies), at the end there is inserted “or at an independent school”.

174

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Part 11 — Miscellaneous and General

General duties of local authorities and governing bodies

Duties of LEAs and governing bodies in relation to welfare of children

175

(1) A local authority shall make arrangements for ensuring that their education functions are exercised with a view to safeguarding and promoting the welfare of children.

(2) The governing body of a maintained school shall make arrangements for ensuring that their functions relating to the conduct of the school are exercised with a view to safeguarding and promoting the welfare of children who are pupils at the school.

(3) The governing body of an institution within the further education sector shall make arrangements for ensuring that their functions relating to the conduct of the institution are exercised with a view to safeguarding and promoting the welfare of children receiving education or training at the institution.

(3A) The proprietor of a 16 to 19 Academy must make arrangements to ensure that the proprietor's functions relating to the conduct of the Academy are exercised with a view to safeguarding and promoting the welfare of children receiving education or training at the Academy.

(3B) The Secretary of State may not—

(a) enter into an agreement with the proprietor of an institution in England for the provision of further education, unless the agreement requires the proprietor to comply with the safeguarding duties, or

(b) give financial assistance under section 14 to the proprietor of an institution in England for the provision of further education unless the assistance is given on terms requiring the proprietor to comply with the safeguarding duties,

but this subsection does not restrict the Secretary of State's powers to enter into an agreement with, or give financial assistance to, an institution to which subsection (3) or (3A) applies.

(3C) “The safeguarding duties” are—

(a) a duty to make arrangements to ensure that the proprietor's functions relating to the conduct of the institution are exercised with a view to safeguarding and promoting the welfare of children receiving education or training at the institution, and

(b) a duty to have regard to any guidance given from time to time by the Secretary of State in considering what arrangements are required.

(4) A person mentioned in any of subsections (1) to (3A) shall, in considering what arrangements are required to be made by them under that subsection, have regard to any guidance given from time to time (in relation to England) by the Secretary of State or (in relation to Wales) by the National Assembly for Wales.

(5) In this section—

“child” means a person under the age of eighteen;

“governing body”, in relation to an institution within the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992 (c. 13);

“maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school.

“proprietor”, in relation to an institution that is not a school, means the person or body of persons responsible for the management of the institution.

Consultation with pupils

176

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Education and training outside schools

Meaning of “secondary education”

177

(1) Section 2 of the Education Act 1996 (c. 56) (definition of primary, secondary and further education) is amended as follows.

(2) In subsection (2B) (which extends “secondary education” to include education received partly at a school and partly at another institution)—

(a) in paragraph (b), after “another institution” there is inserted “ or any other establishment ”, and

(b) after “other institution” there is inserted “ or establishment ”.

(3) After subsection (6) there is inserted—

(6A) In the context of the definitions of secondary education and further education, references in this section to education include vocational, social, physical and recreational training.

(4) The Education Acts shall have effect in their application to persons receiving secondary education within section 2(2B) of the Education Act 1996 (c. 56) with such modifications as may be specified in an order under this subsection.

(5) The power to make an order under subsection (4) is exercisable—

(a) in relation to England, by the Secretary of State, and

(b) in relation to Wales, by the National Assembly for Wales.

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

178

(1) The Learning and Skills Act 2000 (c. 21) is amended as follows.

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

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

(4) In section 83 (area inspections in Wales)—

(a) in subsection (1)(a) for “16” there is substituted “ 15 ”, and

(b) after subsection (10) there is inserted—

(11) In subsection (1)(a) “persons who are aged 15” includes persons for whom education is being provided at a school who will attain that age in the current school year; and for this purpose “school” and “school year” have the same meaning as in the Education Act 1996.

Rights of entry in relation to inspections

179

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Inspections of LEAs: rights of entry etc.

180

For section 40 of the Education Act 1997 (c. 44) (inspector’s rights of entry etc.) there is substituted—

(40) (1) This section applies where a local authority are inspected under section 38. (2) The inspector, and any person assisting him, shall have at all reasonable times a right of entry to— (a) the premises of the local authority, (b) the premises of any school maintained by the authority, and (c) any other premises at which relevant section 19 education is provided, other than premises which are or form part of a private dwelling house but are not a school. (3) The inspector, and any person assisting him, shall also have at all reasonable times a right to inspect and take copies of— (a) any records kept by, and any other documents containing information relating to, the local authority or any school maintained by the authority, and (b) any records kept by a person who provides relevant section 19 education that relate to the provision of that education, and any other documents containing information that so relates; which he considers relevant to the exercise of his functions. (4) Section 42 of the School Inspections Act 1996 (inspection of computer records) shall apply for the purposes of subsection (3) as it applies for the purposes of Part 1 of that Act. (5) Without prejudice to subsections (2) and (3), the local authority and the governing body of any school maintained by the authority— (a) shall give the inspector and any person assisting him, all assistance in connection with the exercise of his functions which they are reasonably able to give, and (b) shall secure that all such assistance is also given by persons who work at the school. (6) It shall be an offence wilfully to obstruct the inspector or any person assisting him in the exercise of his functions in relation to the inspection. (7) A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale. (8) In this section— - “document” and “records” each include information recorded in any form; and - “relevant section 19 education” means education provided to a child by virtue of arrangements made by the local authority under section 19 of the Education Act 1996 (exceptional provision of education at schools or otherwise).

Allowances in respect of education or training

181

(1) Regulations may make provision authorising or requiring the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) to pay an allowance to or in respect of any eligible person who is over compulsory school age, in connection with his undertaking education or training of a prescribed description.

(2) The relevant education or training must not be higher education.

(3) Regulations may, in particular, make provision—

(a) for determining whether a person is an eligible person in relation to any allowance,

(b) prescribing information that must be supplied by or on behalf of any person before any allowance can be paid or continue to be paid to or in respect of him,

(d) prescribing the maximum allowance payable to or in respect of any person in respect of any period,

(e) prescribing the maximum period during which an allowance may be payable to or in respect of any person,

(f) where the amount of an allowance may vary to any extent according to a person’s circumstances, for determining, or providing for the determination by the Secretary of State or the National Assembly for Wales of, the amount required or authorised to be paid to or in respect of him,

(g) specifying whether any allowance in respect of any person is to be paid to him, to a parent of his or to any other person,

(h) for any allowance under this section to be made available on such terms and conditions as may be prescribed, or determined under the regulations by the Secretary of State or the National Assembly for Wales, including terms and conditions requiring repayments to be made in circumstances so prescribed or determined,

(i) requiring the payment of an allowance to be suspended or terminated in any such circumstances,

(j) for appeals with respect to matters arising under the regulations (including provision for determining, or enabling the determination of, the procedure to be followed in connection with appeals),

(k) imposing obligations on the governing body of any maintained school or institution within the further education sector in relation to cases where the school or institution is providing the education or training referred to in subsection (1).

(4) In this section and section 182—

“governing body”—in relation to a pupil referral unit, means the local authority who maintain the unit, andin relation to an institution within the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992 (c. 13);

“maintained school” means a community, foundation or voluntary school, a community or foundation special school or a pupil referral unit.

Learning agreements

182

(1) For the purposes of this section, a “learning agreement” is a document which—

(a) specifies conditions which—

(i) relate to the attendance or conduct of, or completion of assigned tasks by, a person to whom an allowance is or may become payable (in this section referred to as “the student”), and

(ii) are either prescribed by regulations or, if regulations so provide, determined in accordance with any prescribed requirements by the person providing the relevant education or training,

(b) contains a declaration by the student relating to compliance with those conditions, and

(2) Regulations may require a learning agreement—

(a) to be in the prescribed form, and

(b) to be signed by the student and by or on behalf of such other persons as may be prescribed.

(3) Without prejudice to the generality of section 181(3)(h), regulations may provide—

(a) that a person is not eligible to receive an allowance unless the person providing the relevant education or training holds a learning agreement signed by him, and

(b) that payment of an allowance is conditional on the person providing the relevant education or training from time to time determining that the student has complied with the learning agreement or has done so to a prescribed extent or in prescribed respects.

(4) Regulations may—

(a) enable or require a learning agreement to specify targets relating to the attendance, conduct or attainments of the student, and

(b) enable or require the Secretary of State or the National Assembly for Wales, in any case where the person providing the relevant education or training determines that targets have been met, to make additional payments of allowance to or in respect of the student.

(5) Without prejudice to the generality of section 181(3)(k), regulations may impose obligations relating to learning agreements on—

(a) the governing body of a maintained school, or

(b) the governing body of an institution within the further education sector.

(6) Regulations may contain provision for determining the person by whom any relevant education or training is to be treated for the purposes of this section as being provided.

(7) A learning agreement shall not be capable of creating any obligation in respect of whose breach any liability arises in contract or in tort.

(8) In this section—

“allowance” means an allowance under section 181;

“relevant education or training” means the education or training referred to in that section.

Transfer of functions relating to allowances under section 181

183

(1) If the Secretary of State so determines, any function exercisable by him by virtue of regulations made by virtue of section 181 shall, to such extent as is specified in his determination, be exercisable instead by—

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

(aa) ... ...

(b) local authority.

(2) If the National Assembly for Wales so determines, any function exercisable by the Assembly by virtue of regulations made by virtue of section 181 shall, to such extent as is specified in the Assembly’s determination, be exercisable instead by—

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

(b) a local authority.

(3) A person or body by whom any function is for the time being exercisable by virtue of subsection (1) or (2) shall comply with any directions given by the Secretary of State, or as the case may be the National Assembly for Wales, as to the exercise of that function.

(4) Where any function is so exercisable by a local authority, the function shall be taken to be a function of that authority—

(a) for the purposes of section 70 of the Deregulation and Contracting Out Act 1994 (c. 40) (contracting out of functions of local authorities),

(b) for the purposes of Part 2 of the 2000 Act (arrangements with respect to executives etc.), and

(c) subject to the provisions of section 13 of the 2000 Act, for the purposes of section 101 of the Local Government Act 1972 (c. 70) (arrangements for discharge of functions by local authorities).

(5) In this section “the 2000 Act” means the Local Government Act 2000 (c. 22).

Delegation of functions relating to allowances

184

(1) The Secretary of State or the National Assembly for Wales may make arrangements for any person or body specified in the arrangements to exercise on his or its behalf, to such extent as is so specified, any function exercisable by him or the Assembly by virtue of regulations made by virtue of section 181 (including any such function in relation to appeals).

(2) Any arrangements made under subsection (1) shall not prevent the Secretary of State, or as the case may be the National Assembly for Wales, from exercising the function in question himself or itself.

Supplementary provisions relating to transfer or delegation of functions

185

(1) The Secretary of State or the National Assembly for Wales may make provision for enabling appeals—

(a) to be made with respect to such matters arising out of the exercise by virtue of section 183(1) or (2) or 184(1) by any person or body of any function of the Secretary of State or the Assembly as he or it may determine, and

(b) to be so made to a person or body appointed for the purpose by the Secretary of State or the Assembly.

(2) The Secretary of State or the National Assembly for Wales may pay to any body or person by whom any function of his, or as the case may be of the Assembly, is exercisable by virtue of section 183(1) or (2) or 184(1)—

(a) such amounts as the Secretary of State or the Assembly considers appropriate for the purpose of meeting expenditure incurred or to be incurred by that body or person—

(i) in paying allowances under section 181, or

(ii) by way of administrative expenses,

in, or in connection with, the exercise of that function;

(b) in a case where the function is exercisable by virtue of section 184(1), such remuneration as the Secretary of State or the Assembly may determine.

(3) Any payment under subsection (2)(a) may be made subject to such terms and conditions as the Secretary of State or the National Assembly for Wales may determine; and any such conditions may in particular—

(a) require the provision of returns or other information before any such payment is made;

(b) relate to the use of the amount paid or require the repayment in specified circumstances of all or part of the amount paid.

(4) The Secretary of State or the National Assembly for Wales may pay to any person or body appointed by him or it under subsection (1) such remuneration or administrative expenses (or both) as he or it may determine.

(5) In relation to any function which, by virtue of section 183(1) or (2) or 184(1) is exercisable to a specified extent, references in section 183(3) and (4) and this section to the exercise of that function are accordingly to its exercise to that extent.

Student loans

186

(1) Regulations may make provision for—

(a) the repayment by the Secretary of State of amounts payable in respect of loans mentioned in paragraph (a), (b) or (c) of subsection (2);

(b) reducing or extinguishing the amounts payable in respect of loans mentioned in paragraph (a) or (b) of subsection (2).

(2) The loans are—

(a) loans received under arrangements made under section 1 of the Education (Student Loans) Act 1990 (c. 6) by eligible persons who fulfil prescribed conditions;

(b) loans received under arrangements made under section 22 of the Teaching and Higher Education Act 1998 (c. 30) by eligible persons who fulfil prescribed conditions;

(c) loans received for educational purposes under such other arrangements as may be prescribed by the regulations, including arrangements made outside England and Wales, by eligible persons who fulfil prescribed conditions.

(3) The regulations may, in particular, make provision—

(a) for determining whether a person is eligible for the purposes of the regulations;

(b) prescribing the circumstances and manner in which, and the times at which, payments are to be made, or amounts are to be reduced or extinguished;

(c) allowing retrospective adjustments for the purposes of the regulations, including provision allowing the Secretary of State to require reimbursement of repayments, or to alter the amounts reduced or extinguished;

(d) for imposing on employers, or such other persons or bodies as may be prescribed, requirements with respect to information to be given to the Secretary of State;

(e) for the reimbursement by the Secretary of State of costs incurred by persons or bodies in complying with any such requirements;

(f) for appeals with respect to matters arising under the regulations (including provision for determining, or enabling the determination of the procedure to be followed in connection with the appeals).

(4) The Secretary of State may make arrangements for any person or body specified in the arrangements to exercise on his behalf, to such extent as is so specified, any function exercisable by him by virtue of the regulations (including any such function in relation to appeals).

(5) Any arrangements made under subsection (4) shall not prevent the Secretary of State from exercising the function in question himself.

(6) The Secretary of State may pay to any person or body by whom any function is exercisable by virtue of subsection (4) such amounts as he considers appropriate for the purpose of meeting expenditure incurred or to be incurred by that person or body in, or in connection with, the exercise of that function.

(7) Any payment under subsection (6) may be made subject to such terms and conditions as the Secretary of State may determine.

(8) Such conditions may in particular—

(a) require the provision of returns or other information before any such payment is made;

(b) relate to the use of the amount paid or require the repayment in specified circumstances of all or part of the amount paid.

(9) In this section—

“prescribed” means prescribed by regulations;

“regulations” means regulations made under this section by the Secretary of State.

Education action zones

187

Schedule 15 (which makes provision in relation to education action zones and Education Action Forums) shall have effect.

School inspections

188

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Qualifications

Amendments of Part 5 of Education Act 1997

189

Schedule 17 (which contains amendments of Part 5 of the Education Act 1997 (c. 44) relating to the Qualifications and Curriculum Authority and the Qualifications, Curriculum and Assessment Authority for Wales) shall have effect.

LEA functions: qualifications

190

(1) A local authority may award or authenticate academic and vocational qualifications, and may in particular—

(a) devise and administer a qualification or a course leading to a qualification,

(b) register candidates,

(d) require the payment of fees in respect of the exercise of the power.

(2) A local authority may secure the exercise by any other person of such of the authority’s powers under subsection (1) as the authority may specify.

(3) A local authority may exercise their powers under this section by forming, or participating in forming, or being a member of, a body corporate.

(4) The powers under this section shall be regarded as always having been within the powers of a local authority; and this section is without prejudice to the generality of the powers of a local authority.

Special educational needs: Wales

Regional provision for special educational needs in Wales

191

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Directions to bring forward proposals to secure regional provision

192

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Powers of Assembly to make proposals to secure regional provision

193

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Welsh LEAs' powers to make regional provision

194

(1) In section 14 of the Education Act 1996 (c. 56) (functions in respect of provision of primary and secondary schools), after subsection (4) there is inserted—

(4A) A local authority for an area in Wales may secure that regional schools for providing— (a) primary education, and (b) education that is secondary education by virtue of section 2(2)(a), are available for Wales or any part of Wales that includes the area of the authority. (4B) For this purpose a “regional school”, in relation to a local authority, is a school maintained by that authority which provides education to meet both— (a) the needs of pupils with particular special educational needs in their area, and (b) the needs of such pupils in the rest, or any other part, of Wales, whether or not the institution also provides education suitable to the requirements of other pupils.

(2) In section 318 of that Act (provision of goods and services in connection with special educational needs)—

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

(b) after subsection (3A) there is inserted—

(3B) A local authority in Wales may supply goods and services to any authority in Wales or other person (other than a governing body within subsection (1)) for the purpose of assisting them in making for a child any special educational provision which any learning difficulty of the child calls for.

The Special Educational Needs Tribunal for Wales

195

Schedule 18 (the Special Educational Needs Tribunal for Wales) shall have effect.

Other provisions relating only to Wales

Publication and provision of material

196

(1) A local authority in Wales shall publish any qualifying material which the National Assembly for Wales provides to the authority for the purposes of this subsection.

(2) A local authority in Wales shall provide to such persons as the Assembly may specify any qualifying material which the Assembly provides to the authority for the purposes of this subsection.

(3) The governing body of any school maintained by a local authority in Wales shall provide to such persons as the Assembly may specify any qualifying material which the Assembly provides to the body for the purposes of this subsection.

(4) For the purposes of this section, “qualifying material” is material the Assembly considers likely to—

(a) assist parents in choosing schools for their children,

(b) increase public awareness of the quality of education provided at schools, or a school, and of the educational standards achieved there, or

(c) assist in assessing the degree of efficiency with which the financial resources of schools, or a school, are managed.

(5) No material published or provided under this section may name any individual to whom it relates.

(6) The publication or provision of material by a local authority or governing body under this section shall be in such form and manner as may be prescribed.

Partnership agreements and statements

197

(1) The National Assembly for Wales may by regulations require any local authority in Wales to enter into a partnership agreement with the governing body of each school maintained by that authority, or each such school of a prescribed class.

(2) For the purposes of this section, a partnership agreement is an agreement about how a local authority and the governing body of a school are to discharge their respective functions in relation to the school as regards—

(a) such matters as may be prescribed, and

(b) such other matters as the authority and the governing body may agree.

(3) Where a local authority fail to reach agreement with the governing body of a school for the purposes of subsection (1), the authority may draw up a statement setting out how they and the governing body are to discharge their respective functions in relation to the school as regards the matters prescribed under subsection (2)(a).

(4) Regulations under this section may—

(a) require the parties to a partnership agreement to review the agreement, and

(b) require a local authority that has drawn up a statement under this section and the governing body to which that statement relates to review the statement,

at such intervals, or in such circumstances, as may be prescribed.

(5) Following a review of a partnership agreement, the parties may agree—

(a) not to change the agreement,

(b) to amend the agreement in such a manner that it remains a partnership agreement, or

but, where they fail to do so, subsection (3) applies as it applies where a local authority and governing body fail to reach agreement for the purposes of subsection (1).

(6) Following a review of a statement under subsection (3), the local authority and governing body in question may agree to replace the statement with a partnership agreement, but, where they fail to do so, the authority may amend the statement or draw up a new one (provided the amended or replacement statement is one that could have been drawn up under subsection (3)).

(7) Regulations under this section may make provision for the time by which a local authority or governing body must comply with any requirement imposed on them by or under the preceding provisions of this section.

(8) In the discharge of their functions in relation to a school maintained by a local authority in Wales—

(a) the authority, and

(b) the governing body and head teacher of the school,

must have regard to any partnership agreement or statement under this section which for the time being has effect in relation to the school.

Transition from primary to secondary school

198

(1) The National Assembly for Wales may require—

(a) the governing body of each secondary school maintained by a local authority in Wales, or of each such secondary school belonging to a class specified in the requirement, and

(b) the governing body of each of its feeder primary schools maintained by such an authority,

jointly, to draw up plans to facilitate the transition from primary school to secondary school of pupils at those primary schools who are admitted to the secondary school.

(2) In determining whether, for the purposes of this section, a particular school is to be regarded as a feeder primary school, in relation to a particular secondary school, regard is to be had to any guidance given, from time to time, by the Assembly.

(3) Regulations may—

(a) provide for the Assembly to determine any disputes as to whether a particular school is a feeder primary school of a particular secondary school for the purposes of this section; and

(b) make provision about plans under this section, including provision which specifies the period within which such plans are to be drawn up and provision about the content, review and amendment of such plans.

(4) In carrying out any functions conferred on them by or under this section, governing bodies must have regard to any guidance given, from time to time, by the Assembly.

(5) In the discharge of their functions under any enactment, the governing body of a school maintained by a local authority in Wales, and the head teacher of that school, must have regard to any plans drawn up by the governing body under this section which for the time being have effect.

Provision of services

Transport for persons over compulsory school age

199

Schedule 19 (transport for persons over compulsory school age) shall have effect.

Remission of charges relating to residential trips

200

In section 457 of the Education Act 1996 (c. 56) (charges and remissions policies), in subsection (4) (entitlement to complete remission of charges in respect of board and lodging on a residential trip), for paragraph (b) there is substituted—

(b) the pupil’s parent is— (i) in receipt of income support, (ii) in receipt of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995), or (iii) in receipt of any other benefit or allowance, or entitled to any tax credit under the Tax Credits Act 2002 or element of such a tax credit, prescribed for the purposes of this paragraph, in such circumstances as may be so prescribed, in respect of any period wholly or partly comprised in the time spent on the trip.

LEA functions concerning school lunches, milk etc.

201

(1) For section 512 of the Education Act 1996 (provision of meals etc. at schools maintained by local authorities) there is substituted—

(512) (1) A local authority may provide— (a) registered pupils at any school maintained by the authority, (b) other persons who receive education at such a school, and (c) children who receive relevant funded nursery education, with milk, meals and other refreshments. (2) Where provision is made under subsection (1), it shall be made— (a) in a case within paragraph (a) or (b) of that subsection, either on the school premises or at any other place where education is being provided, and (b) in a case within paragraph (c) of that subsection, at any place where education is being provided. (3) A local authority shall exercise their power under subsection (1) to provide school lunches for any person within paragraph (a) or (c) of that subsection if— (a) any prescribed requirements are met, (b) a request for the provision of school lunches has been made by or on behalf of that person to the authority, and (c) either— (i) that person is eligible for free lunches (within the meaning of section 512ZB(2)), or (ii) in the case of a person within subsection (1)(a), it would not be unreasonable for the authority to provide the lunches. (4) Subject to section 114(2) of the School Standards and Framework Act 1998 (c. 31) (lunches provided by local authorities to meet nutritional standards), any school lunches provided by a local authority pursuant to subsection (3) may take such form as the authority think fit. (5) A local authority shall provide at any school maintained by them such facilities as they consider appropriate for the consumption of any meals or other refreshment brought to the school by registered pupils. (6) In this section— - “prescribed” means prescribed by the Secretary of State by order; - “relevant funded nursery education”, in relation to a local authority, means education provided by a person other than the governing body of a maintained school (within the meaning of section 20(7) of the School Standards and Framework Act 1998) or a maintained nursery school— 1. under arrangements made with that person by the authority in pursuance of the duty imposed on the authority by section 118 of that Act (duty of local authority to secure sufficient nursery education), and 2. in consideration of financial assistance provided by the authority under those arrangements; - “school lunch”— 1. in relation to a pupil, means food made available for consumption by the pupil as his midday meal on a school day, and 2. in relation to a child receiving relevant funded nursery education at an establishment other than a school, means food made available for consumption by the child as his midday meal on a day on which he receives that education, and references, in relation to a local authority, to a school maintained by the authority are to a community, foundation or voluntary school, a community or foundation special school, a maintained nursery school or a pupil referral unit maintained by the authority. (512ZA) (1) A local authority shall charge for anything provided by them under subsection (1) or (3) of section 512. (2) A local authority shall charge every person the same price for the same quantity of the same item. (3) This section is subject to section 512ZB. (512ZB) (1) Where the local authority provide a school lunch in accordance with section 512(3) to a person who is eligible for free lunches, the authority shall provide the meal free of charge. (2) For this purpose a person is eligible for free lunches if— (a) he is within subsection (4), and (b) a request that the school lunches be provided free of charge has been made by him or on his behalf to the authority. (3) Where a local authority exercise their power under subsection (1) of section 512 to provide a person within paragraph (a) or (c) of that subsection with milk, the authority shall provide the milk free of charge if— (a) the person is within subsection (4), and (b) a request that the milk be provided free of charge has been made by him or on his behalf to the authority. (4) A person is within this subsection if— (a) his parent is— (i) in receipt of income support, (ii) in receipt of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995 (c. 18)), (iii) in receipt of support provided under Part 6 of the Immigration and Asylum Act 1999 (c. 33), or (iv) in receipt of any other benefit or allowance, or entitled to any tax credit under the Tax Credits Act 2002 (c. 21) or element of such a tax credit, prescribed for the purposes of this paragraph, in such circumstances as may be so prescribed, or (b) he, himself, is— (i) in receipt of income support, (ii) in receipt of an income-based jobseeker’s allowance, or (iii) in receipt of any other benefit or allowance, or entitled to any tax credit under the Tax Credits Act 2002 (c. 21) or element of such a tax credit, prescribed for the purposes of this paragraph, in such circumstances as may be so prescribed. (5) In this section “prescribed” and “school lunch” have the same meaning as in section 512.

(2) In section 512A of that Act (transfer of functions under section 512 to governing bodies)—

(a) in subsection (2)—

(i) in paragraph (a) for “section 512(1A) and (1B)” there is substituted “ section 512(3) and (4) ”,

(ii) in paragraph (b) for “section 512(3)(a)” there is substituted “ section 512ZB(1) ”, and

(iii) in paragraph (c) for “section 512(3)(b)” there is substituted “ section 512ZB(3) ”, and

(b) in subsection (6) for “section 512(2)(b)” there is substituted “ section 512ZA(2) ”.

(3) In section 114 of the School Standards and Framework Act 1998 (c. 31) (nutritional standards for school lunches for pupils at schools maintained by local authorities)—

(a) in subsection (1), after “lunches for” there is inserted “ (a) ” and after “authorities” there is inserted

, or (b) other persons who are provided with school lunches free of charge in accordance with section 512ZB of the Education Act 1996;

(b) in subsection (2), after “a school” there is inserted “ or for such other persons who are provided with school lunches free of charge ”, and

(c) in subsection (3)(b), at the beginning there is inserted “ in the case of lunches provided to registered pupils at schools maintained by local authorities, ”.

Miscellaneous

Further education institutions: records

202

(1) Regulations may make provision about the compilation, retention and disclosure of educational records of further education institutions.

(2) The regulations may, in particular, impose a function on—

(a) a local authority, or

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

(3) The regulations may, in particular, make a duty to provide a copy of a record conditional on the payment of a charge which does not exceed the cost of providing the copy.

(4) In this section “further education institution” has the same meaning as in section 140.

Further education institutions: hazardous material, etc.

203

(1) The Secretary of State may by regulations require the governing body of a further education institution in England to prevent the use in the institution of specified equipment or specified materials without the approval of the Secretary of State.

(1A) The Secretary of State may by regulations require the proprietor of a 16 to 19 Academy to prevent the use in the Academy of specified equipment or specified materials without the approval of the Secretary of State.

(2) The Secretary of State may specify equipment or materials under this section only if he thinks the equipment or materials might endanger a person’s health or safety.

(3) The National Assembly for Wales may by regulations require the governing body of a further education institution in Wales to prevent the use in the institution of specified equipment or specified materials without the approval of the Assembly.

(4) The National Assembly for Wales may specify equipment or materials under this section only if it thinks the equipment or materials might endanger a person’s health or safety.

(5) In this section “further education institution” means an institution within the further education sector and “proprietor” has the same meaning as in the Education Act 1996.

Baseline assessments

204

Chapter 1 of Part 4 of the Education Act 1997 (c. 44) (baseline assessments) shall cease to have effect.

Application of Part 5 of Education Act 1996 to nursery education

205

Section 410 of the Education Act 1996 (c. 56) (which excludes the application of Part 5 of that Act in relation to a nursery school or in relation to a nursery class at a primary school) shall cease to have effect.

Nuisance or disturbance on educational premises

206

Schedule 20 (nuisance or disturbance on educational premises) shall have effect.

Recoupment: adjustment between local education authorities

207

(1) Regulations may provide, in relation to cases where any provision for education to which this section applies is made by a local authority (in this section referred to as “the providing authority”) in respect of a person who belongs to the area of another local authority, for requiring or authorising the other authority (in this section referred to as the “home authority”) to pay to the providing authority—

(a) such amount as the authorities may agree, or

(b) failing agreement, such amount as may be determined by or under the regulations.

(2) This section applies to —

(a) primary education;

(b) secondary education;

(c) education provided under section 562C of the Education Act 1996 (detention of persons with special educational needs: appropriate special educational provision).

(3) The regulations may provide for the amounts payable by one authority to another—

(a) to reflect the whole or any part of the average costs incurred by local authorities in the provision of education (whether in England and Wales as a whole or in any particular area or areas), and

(b) to be based on figures for average costs determined by such body or bodies representing local authorities, or on such other figures relating to costs so incurred, as the Secretary of State, or as the case may be the National Assembly for Wales, considers appropriate.

(4) Regulations made under this section in relation to Wales by the National Assembly for Wales may provide for the amounts so payable, in such cases as may be specified in or determined in accordance with the regulations, to be such amounts as may be determined—

(a) where the providing authority and the home authority are both in Wales, by the National Assembly for Wales, or

(b) where the providing authority is in Wales and the home authority is in England, by the Assembly with the consent of the Secretary of State.

(5) Any dispute between local authorities in Wales as to whether one of them is entitled to be paid any amount by another under the regulations shall be determined by the National Assembly for Wales.

(6) Any dispute between a providing authority in Wales and a home authority in England as to whether the providing authority is entitled to be paid any amount by the home authority under the regulations shall be determined by the National Assembly for Wales with the consent of the Secretary of State.

(7) In this section references to provision for education include provision of any benefits or services for which provision is made by or under this Act or any other enactment relating to education.

Recoupment: special cases

208

(1) In section 493 of the Education Act 1996 (c. 56) (recoupment: cross-border provisions) for subsection (2) there is substituted—

(2) Subsection (3) of section 207 of the Education Act 2002 (recoupment: adjustment between local authorities ) shall apply for the purposes of this section as it applies for the purposes of that section, but with the omission of the reference to the National Assembly for Wales. (2A) The regulations may provide for the amounts payable by one authority to another, in such cases as may be specified by or under the regulations, to be such amounts as may be determined by the Secretary of State.

(2) The function of making regulations under section 494 of the Education Act 1996 (recoupment: excluded pupils), so far as exercisable in relation to Wales, is hereby transferred to the National Assembly for Wales.

(3) The function mentioned in subsection (2) is to be treated as having been transferred to the National Assembly for Wales by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38); and, accordingly, the transfer may be revoked or varied by an Order in Council under that section.

Paid chairmen for local learning and skills councils

209

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

General

Orders and regulations

210

(1) Subject to subsection (2), any power of the Secretary of State or the Welsh Ministers to make an order or regulations under this Act is exercisable by statutory instrument.

(2) Subsection (1) does not apply to any order under—

(a) section 165 or 192, or

(b) paragraph 3(6) or 5 of Schedule 1.

(3) No order shall be made by the Secretary of State under—

(a) section 80(3),

(b) section 82(4)(b),

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