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Education Act 1993 (c. 35)

1993 CHAPTER 35

ARRANGEMENT OF SECTIONS

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  1. Part I

    Responsibility for education

    1. Chapter I

      Administration

      1. Secretary of State

        1. 1. General duty of Secretary of State.

        2. 2. Duty in the case of primary, secondary and further education.

      2. Funding authorities for England and Wales

        1. 3. Funding Agency for Schools.

        2. 4. Schools Funding Council for Wales.

        3. 5. Meaning of “funding authority” in the Education Acts.

        4. 6. Grants to funding authorities.

      3. Funding authorities: Supplementary

        1. 7. Provision of information.

        2. 8. Value-for-money studies of grant-maintained schools.

        3. 9. Supervision of funding authorities by the Secretary of State.

        4. 10. Extension of functions of Audit Commission.

        5. 11. Compulsory purchase of land.

    2. Chapter II

      Responsibility for Education at School

      1. School places

        1. 12. Responsibility for providing sufficient school places.

      2. Power to direct admission of child to school

        1. 13. Direction to admit child to specified school.

        2. 14. Procedure for giving direction.

      3. Religious education

        1. 15. Procedure for preparing agreed syllabus of religious education.

        2. 16. Standing advisory councils on religious education.

      4. Other functions

        1. 17. Miscellaneous functions relating to grant-maintained schools.

        2. 18. Functions under agreements relating to CTCs and CCTAs.

        3. 19. Functions in respect of grants for certain expenditure due to immigrant population.

      5. Supplementary

        1. 20. Resolution of disputes.

        2. 21. Duty to compile information and conduct research about provision of education.

  2. Part II

    Grant-maintained schools

    1. Chapter I

      Introductory

      1. 22. “Grant-maintained schools”.

    2. Chapter II

      Procedure for acquisition of grant-maintained status

      1. Eligibility

        1. 23. Schools eligible for grant-maintained status.

        2. 24. Duty of governing body to consider ballot on grant-maintained status.

      2. Initiation of procedure

        1. 25. Initiation of procedure by governing body.

        2. 26. Initiation of procedure by parents.

      3. Information

        1. 27. Information as to parents of registered pupils.

      4. Ballot of parents

        1. 28. Ballot of parents.

        2. 29. Persons eligible to vote in ballot.

        3. 30. Second ballot to be held if insufficient votes cast.

        4. 31. Power to declare ballot void for irregularity.

        5. 32. Publication of proposals.

      5. Approval and implementation of proposals

        1. 33. Withdrawal, approval or rejection of proposals.

        2. 34. Incorporation of governing body.

        3. 35. Exercise of powers before proposed date of implementation.

      6. Supplementary

        1. 36. Expenses in connection with proposals for acquisition of grant-maintained status.

        2. 37. Chapter II: interpretation, etc.

    3. Chapter III

      Property, staff and contracts

      1. Transfer of property and staff, etc.

        1. 38. Transfer of property etc.

        2. 39. Transfer of staff.

      2. Effect of pending procedure for acquisition of grant-maintained status on property disposals, etc.

        1. 40. “Pending” procedure for acquisition of grant-maintained status.

        2. 41. Control of disposals of land.

        3. 42. Wrongful disposals of land.

        4. 43. Control of contracts.

        5. 44. Wrongful contracts.

        6. 45. Restriction on change of purpose for which property used or held.

        7. 46. Restriction on staff changes.

      3. Supplementary

        1. 47. Supplementary provisions about transfers.

    4. Chapter IV

      Establishing new grant-maintained schools

      1. Proposals for establishment of new grant-maintained school

        1. 48. Proposals by funding authority.

        2. 49. Proposals by promoters.

        3. 50. Provisions supplementary to sections 48 and 49.

      2. Approval and implementation of proposals

        1. 51. Approval, adoption or rejection of proposals.

        2. 52. Implementation of proposals.

        3. 53. Exercise of powers before proposed date of implementation, and payment of grant.

      3. Supplementary

        1. 54. Chapter IV: interpretation.

    5. Chapter V

      Government, conduct etc. of grant-maintained schools

      1. The governing instruments

        1. 55. Constitution of governing body and conduct of school.

        2. 56. Initial instruments and articles of government.

        3. 57. Subsequent instruments of government.

        4. 58. Subsequent articles of government.

      2. Governors

        1. 59. Categories of governors.

        2. 60. Parent governors.

        3. 61. Teacher governors.

        4. 62. Head teacher.

        5. 63. First governors.

        6. 64. Power of the Secretary of State to replace first governors.

        7. 65. Foundation governors.

        8. 66. Sponsor governors.

        9. 67. Additional governors.

      3. Powers

        1. 68. Powers of governing body.

        2. 69. Joint schemes.

        3. 70. Making and varying joint schemes.

      4. Schools acquiring grant-maintained status: determination etc. of initial governors

        1. 71. Determination of initial parent and teacher governors.

        2. 72. Section 71: supplementary provisions.

        3. 73. Determination of initial first or foundation governors.

        4. 74. Replacement of proposed initial parent and teacher governors before incorporation.

        5. 75. Replacement of proposed initial first or foundation governors before incorporation.

        6. 76. Elections and appointments required for determining initial governors of an elected category: supplementary provisions.

        7. 77. Initial sponsor governors.

      5. New grant-maintained schools: determination etc. of initial governors

        1. 78. Initial governors for new grant-maintained schools.

      6. General and supplementary

        1. 79. Saving for defects in selection or nomination.

        2. 80. Chapter V: interpretation.

    6. Chapter VI

      Funding of grant-maintained schools

      1. Grants: general

        1. 81. Maintenance grants.

        2. 82. Special purpose grants.

        3. 83. Capital grants.

        4. 84. Imposition of requirements on governing body in receipt of grant.

        5. 85. Grants: further provisions.

      2. Grants: Wales (until establishment of the SFCW)

        1. 86. Application of sections 87 to 91.

        2. 87. Maintenance grants.

        3. 88. Special purpose grants.

        4. 89. Capital grants.

        5. 90. Imposition of requirements on governing body in receipt of grant.

        6. 91. Grants: further provisions.

      3. Loans

        1. 92. Loans to governing bodies.

      4. Recovery from local funds

        1. 93. Recovery from local funds of sums in respect of maintenance grant.

        2. 94. Determination of total amount recoverable under section 93.

        3. 95. Provisions consequential on section 93.

    7. Chapter VII

      Alteration etc. of grant-maintained schools

      1. 96. Proposals for change of character etc. by governing body.

      2. 97. Proposals for change of character etc. by funding authority.

      3. 98. Approval, adoption or rejection of proposals.

      4. 99. Approval of school premises.

      5. 100. Implementation of proposals, etc.

      6. 101. Power to transfer functions under preceding provisions etc.

      7. 102. Proposals for change of character approved before school becomes grant-maintained.

      8. 103. Chapter VII: interpretation.

    8. Chapter VIII

      Discontinuance of grant-maintained schools

      1. Proposals for discontinuance

        1. 104. Proposals by governing body for discontinuance.

        2. 105. Proposals by funding authority for discontinuance.

        3. 106. Approval, adoption or rejection of proposals.

        4. 107. Implementation of proposals.

        5. 108. Power to transfer functions under preceding provisions.

      2. Withdrawal of grant

        1. 109. Withdrawal of grant where school is unsuitable to continue as grant-maintained school.

        2. 110. Withdrawal or variation of notice under section 109.

      3. Winding up and disposal of property

        1. 111. Power to provide by order for winding-up and disposal of property.

        2. 112. Winding up.

        3. 113. Grants to governing body in liquidation.

        4. 114. Disposal of school property.

        5. 115. Disposal of school property: supplementary.

        6. 116. Surplus money and investments.

    9. Chapter IX

      Groups of grant-maintained schools

      1. 117. Nature of group.

      2. 118. Instruments and articles of government for group.

      3. 119. Parent governors.

      4. 120. Teacher governors.

      5. 121. Head teacher governors.

      6. 122. Core governors.

      7. 123. Power of the Secretary of State to replace core governors.

      8. 124. Additional governors.

      9. 125. Powers.

      10. 126. Application of maintenance grants in the case of groups.

      11. 127. School acquiring grant-maintained status as a member of a group, etc.

    10. Chapter X

      General and Miscellaneous

      1. Further education

        1. 128. Provision of further education in grant-maintained schools.

      2. Provision of benefits and services by local education authority

        1. 129. Provision of benefits and services for pupils by local education authority.

      3. Transfer and disposal of premises

        1. 130. Transfer of premises to trustees.

        2. 131. Disposal of premises on transfer of school to new site.

        3. 132. Disposal of premises transferred under section 38.

        4. 133. Disposal of premises held by trustees.

        5. 134. Disposal of premises provided, etc. by the funding authority.

        6. 135. Interpretation of sections 130 to 134.

      4. Modification of instruments

        1. 136. Variation of trust deeds etc. by order.

        2. 137. Modification of instruments relating to land held for purposes of voluntary schools.

      5. Religious education, worship etc.: classes of grant-maintained school

        1. 138. Former county schools and certain schools established as grant-maintained schools.

        2. 139. Former controlled schools.

        3. 140. Former aided or special agreement schools and certain schools established as grant-maintained schools.

        4. 141. Changes in religious education and worship.

        5. 142. Meaning of“the appropriate agreed syllabus” in sections 138 and 139.

      6. Religious education, worship etc.: religious opinions etc. of staff

        1. 143. Former county schools and certain schools established as grant-maintained schools.

        2. 144. Former voluntary schools and certain schools established as grant-maintained schools.

        3. 145. Changes in religious character of schools.

      7. Religious education, worship etc.: general

        1. 146. Reconsideration of agreed syllabus: consultation with grant-maintained schools.

        2. 147. Standing advisory councils on religious education.

        3. 148. Cases where no requirement for Christian collective worship.

      8. Approved admission number

        1. 149. Minimum number for admission.

        2. 150. Alteration of minimum number by Secretary of State.

        3. 151. Alteration of minimum number by funding authority.

      9. Supplementary

        1. 152. Manner of giving notification to governing body.

        2. 153. Provision of information by governing body.

        3. 154. Inspection of accounts and reports to Parliament.

      10. Interpretation

        1. 155. Interpretation of Part II.

  3. Part III

    Children with special educational needs

    1. Introductory

      1. 156. Meaning of “special educational needs” and “special educational provision” etc.

    2. Code of practice

      1. 157. Code of Practice.

      2. 158. Making and approval of code.

    3. Special educational provision: general

      1. 159. Review of arrangements.

      2. 160. Qualified duty to secure education of children with special educational needs in ordinary schools.

      3. 161. Duties of governing body etc. in relation to pupils with special educational needs.

      4. 162. Provision of goods and services in connection with special educational needs.

      5. 163. Special educational provision otherwise than in schools.

      6. 164. Provision outside England and Wales for certain children.

    4. Identification and assessment of children with special educational needs

      1. 165. General duty of local education authority towards children for whom they are responsible.

      2. 166. Duty of District Health Authority or local authority to help local education authority.

      3. 167. Assessment of educational needs.

      4. 168. Statement of special educational needs.

      5. 169. Appeal against decision not to make statement.

      6. 170. Appeal against contents of statement.

      7. 171. Access for local education authority to certain schools.

      8. 172. Reviews of educational needs.

      9. 173. Assessment of educational needs at request of child’s parent.

      10. 174. Assessment of educational needs at request of governing body of grant-maintained school.

      11. 175. Assessment of educational needs of children under two.

      12. 176. Duty of District Health Authority or National Health Service trust to notify parent etc.

    5. Special Educational Needs Tribunal

      1. 177. Constitution of Tribunal.

      2. 178. The President and members of the panels.

      3. 179. Remuneration and expenses.

      4. 180. Tribunal procedure.

      5. 181. Supervision of and appeals from Tribunal.

    6. Special schools and independent schools

      1. 182. Special schools.

      2. 183. Establishment, etc. of maintained or grant-maintained special schools.

      3. 184. Procedure for dealing with proposals.

      4. 185. Approval of premises of maintained or grant-maintained special schools.

      5. 186. Maintained special school becoming grant-maintained special school.

      6. 187. Groups including grant-maintained special schools.

      7. 188. Approval of special schools.

      8. 189. Approval of independent schools.

      9. 190. Provision of education at non-maintained schools.

    7. Variation of deeds

      1. 191. Variation of trust deeds etc. by order.

  4. Part IV

    School Attendance

    1. School attendance orders

      1. 192. School attendance orders.

      2. 193. Choice of school: child without statement of special educational needs.

      3. 194. Specification of schools in notices under section 193(2).

      4. 195. Amendment of order at request of parent: child without statement of special educational needs.

      5. 196. Choice of school: child with statement of special educational needs.

      6. 197. Revocation of order at request of parent.

    2. School attendance: offences and education supervision orders

      1. 198. Offence: failure to comply with school attendance order.

      2. 199. Offence: failure to secure regular attendance at school of registered pupil.

      3. 200. Presumption of age.

      4. 201. Institution of proceedings and punishment.

      5. 202. Education supervision orders.

    3. Exemption

      1. 203. Exemption where child attains 5 years during term.

  5. Part V

    Schools failing to give an acceptable standard of education

    1. Chapter I

      Identification of schools requiring special measures

      1. Introductory

        1. 204. Extension of the Education (Schools) Act 1992.

      2. Inspections and reports

        1. 205. Section 9 inspections by members of the Inspectorate.

        2. 206. Section 9 inspections by registered inspectors.

        3. 207. Reports of inspections by members of the Inspectorate.

        4. 208. Timing of section 9 inspections by registered inspectors.

        5. 209. Destination of reports.

      3. Special measures

        1. 210. Special measures by appropriate authority.

        2. 211. Additional special measures by local education authority.

        3. 212. Monitoring special measures and further inspections.

    2. Chapter II

      New powers over schools requiring special measures

      1. Miscellaneous powers and restrictions

        1. 213. Schools to which sections 214 to 217 apply.

        2. 214. Appointment of additional governors.

        3. 215. Suspension of right to delegated budget.

        4. 216. Grouping and de-grouping.

        5. 217. Prohibition on ballot under Part II.

      2. Education associations

        1. 218. Power to establish education associations.

        2. 219. Supervision of education associations by the Secretary of State.

        3. 220. Transfer of responsibility for conducting school to an education association.

        4. 221. Effect of order under section 220.

        5. 222. Functions of education associations.

        6. 223. Conduct of school.

        7. 224. School conducted by education association acquiring grant-maintained status.

        8. 225. Discontinuance of school conducted by education association.

        9. 226. Winding-up of education association.

        10. 227. Reports showing school no longer requires special measures.

        11. 228. Regulations for the purposes of Chapter II.

  6. Part VI

    Miscellaneous

    1. Establishment, alteration etc. of maintained schools

      1. 229. Proposals for establishment, etc. of schools by local education authority.

      2. 230. Proposals for establishment, etc. of voluntary schools by promoters, etc.

    2. Nursery education

      1. 231. Nursery education in grant-maintained schools.

    3. Rationalisation of school places

      1. 232. Directions to bring forward proposals to remedy excessive provision.

      2. 233. Directions to bring forward proposals for additional provision in maintained schools.

      3. 234. Publication of proposals by the Secretary of State.

      4. 235. Public inquiry into proposals.

      5. 236. Adoption of proposals and approval of related proposals.

      6. 237. Supplementary provisions.

    4. Incorporation of governing bodies

      1. 238. Incorporation of governing bodies.

      2. 239. Powers of incorporated governing bodies.

    5. The curriculum

      1. 240. National Curriculum.

      2. 241. Sex education.

      3. 242. Temporary procedure for making certain orders.

      4. 243. Procedure for making certain orders: Wales.

    6. Replacement of the National Curriculum Council and the School Examinations and Assessment Council

      1. 244. The School Curriculum and Assessment Authority.

      2. 245. Functions.

      3. 246. Dissolution of existing Councils.

      4. 247. Transfer of property.

      5. 248. Transfer of staff.

    7. Curriculum Council for Wales

      1. 249. Finance.

      2. 250. Proceedings.

      3. 251. Accounts.

      4. 252. Transfer of functions in relation to Wales.

      5. 253. Change of name.

    8. Religious education

      1. 254. Duty to reconvene conference on agreed syllabus of religious education.

      2. 255. Duty to constitute new standing advisory council on religious education.

      3. 256. Reconsideration of agreed syllabus.

      4. 257. Power of Secretary of State to direct standing advisory council to revoke determination or discharge duty.

      5. 258. Access to meetings and documents of standing advisory council and conference on agreed syllabus of religious education.

      6. 259. Inspection of religious education.

    9. Admissions and exclusions

      1. 260. Arrangements for admissions.

      2. 261. Restrictions on power to exclude pupils.

      3. 262. Exclusion of pupils: funding.

    10. Information

      1. 263. Provision of information about CTCs and CCTAs.

      2. 264. Distribution of information about certain schools by other schools.

      3. 265. Distribution of information about further education institutions by schools.

    11. Appeal Committees

      1. 266. Lay members for admission appeal committees.

      2. 267. Duty to advertise for lay members for appeal committees.

      3. 268. Indemnity for legal costs and expenses of members of appeal committees.

      4. 269. Investigation by Local Commissioner of decisions of certain appeal committees.

    12. Admission arrangements for aided etc. schools

      1. 270. Arrangements under section 6(6) of the Education Act 1980: modification or replacement.

    13. Sponsor governors

      1. 271. Sponsor governors for aided secondary schools.

    14. Proposals for alteration etc. of schools eligible for grant-maintained status

      1. 272. Power of governing body of county school to propose change of character etc.

      2. 273. Power to make and deal with proposals in the case of schools eligible for grant-maintained status.

    15. Local management of schools

      1. 274. Revision of schemes for financing schools maintained by local education authorities.

      2. 275. Publication and auditing of financial statements.

      3. 276. Application of schemes to special schools.

    16. School leaving date

      1. 277. Compulsory school age.

    17. Local education authority finance

      1. 278. Grants for education support and training.

      2. 279. Inter-authority recoupment.

    18. Charges in maintained schools

      1. 280. Musical instrument tuition.

    19. Assistance for voluntary schools

      1. 281. Grants by Secretary of State in respect of aided and special agreement schools.

      2. 282. Power of LEA to assist governors of aided or special agreement school.

      3. 283. Power of LEA to assist promoters of voluntary school.

      4. 284. Duty to convey interest in premises provided under section 282(1) or 283.

      5. 285. Disapplication of section 123(2) of the Local Government Act 1972.

      6. 286. Repeal of section 3(4) of the Education Act 1968.

    20. Voluntary and grant-maintained schools: endowments

      1. 287. Religious educational trusts: adoption of statutory trusts.

      2. 288. Religious educational trusts: supplementary provision.

    21. Voluntary and grant-maintained schools: teachers' pay and conditions

      1. 289. Employment of certain teachers: pay and conditions.

    22. Independent schools

      1. 290. Independent schools: employment of teachers etc.

      2. 291. Training for unqualified teachers in CTCs or CCTAs.

      3. 292. Independent schools that are children’s homes.

      4. 293. Corporal punishment.

      5. 294. Corporal punishment: Scotland.

    23. Goods and services for grant-maintained or grant-maintained special schools

      1. 295. Provision of goods and services by local education authorities.

    24. Local education authorities: education committees

      1. 296. Abolition of requirement to establish education committees.

      2. 297. Power of Secretary of State to direct appointment of members of committees.

    25. Exceptional provision

      1. 298. Exceptional provision of education in school or elsewhere.

    26. Supplementary

      1. 299. Stamp duty.

      2. 300. Publication of guidance.

      3. 301. Orders, regulations and directions.

      4. 302. Financial provisions.

      5. 303. Construction of references to old and new law.

      6. 304. Meaning of “school” in the Education Acts.

      7. 305. General interpretation.

      8. 306. Index.

      9. 307. Amendments etc.

      10. 308. Short title, commencement, etc.

    1. Schedule 1

      The funding authorities.

    2. Schedule 2

      Distribution of functions where order made under section 12.

      1. Part I

        Introductory.

      2. Part II

        Functions where responsibility for providing sufficient school places is shared.

      3. Part III

        Functions where responsibility for providing sufficient school places is transferred.

      4. Part IV

        Functions where responsibility either shared or transferred.

    3. Schedule 3

      Proposals for schools to become, or be established as, grant-maintained schools.