Standard view

Royal arms

Education Act 1996

1996 CHAPTER 56

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    General

    1. Chapter I

      The statutory system of education

      1. General

        1. 1. The stages of education.

        2. 2. Definition of primary, secondary and further education.

        3. 3. Definition of pupil etc.

      2. Educational institutions

        1. 4. Schools: general.

        2. 5. Primary schools, secondary schools and middle schools.

        3. 6. Nursery schools and special schools.

      3. Compulsory education

        1. 7. Duty of parents to secure education of children of compulsory school age.

        2. 8. Compulsory school age.

      4. Education in accordance with parental wishes

        1. 9. Pupils to be educated in accordance with parents' wishes.

    2. Chapter II

      Functions of the Secretary of State

      1. 10. General duty of Secretary of State.

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

    3. Chapter III

      Local education authorities

      1. The authorities

        1. 12. Local education authorities and their areas.

      2. General functions

        1. 13. General responsibility for education.

        2. 14. Functions in respect of provision of primary and secondary schools.

        3. 15. Functions in respect of provision of further education.

      3. Establishment etc. of schools

        1. 16. Power to establish, maintain and assist primary and secondary schools.

        2. 17. Powers in respect of nursery education.

      4. Other arrangements for provision of education

        1. 18. Power to arrange provision of education at non-maintained schools.

        2. 19. Exceptional provision of education in pupil referral units or elsewhere.

    4. Chapter IV

      The Funding Authorities

      1. The Authorities

        1. 20. The Funding Agency for Schools.

        2. 21. The Schools Funding Council for Wales.

      2. Functions

        1. 22. Functions of funding authorities.

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

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

      3. Supplemental

        1. 25. Grants to funding authorities.

        2. 26. Meaning of “funding authority”.

    5. Chapter V

      Allocation of responsibility for education at school between LEA and funding authority

      1. 27. Responsibility for providing sufficient school places.

    6. Chapter VI

      Supplemental

      1. Allocation of functions

        1. 28. Resolution of disputes as to allocation of functions.

      2. Provision of information

        1. 29. Provision of information by local education authorities.

        2. 30. Provision of information by funding authorities.

  2. Part II

    Schools maintained by local education authorities

    1. Chapter I

      Preliminary

      1. 31. County schools and voluntary schools.

      2. 32. Categories of voluntary schools: controlled, aided and special agreement schools.

      3. 33. Maintained nursery schools and maintained special schools.

      4. 34. Meaning of “maintain” etc.

    2. Chapter II

      Establishment, alteration etc. of county and voluntary schools

      1. County schools: establishment, alteration or change of site

        1. 35. County school: proposals for establishment, alteration or new site.

        2. 36. Objections to proposals under section 35.

        3. 37. Approval or rejection by Secretary of State of proposals under section 35.

        4. 38. Determination by LEA whether to implement proposals under section 35.

        5. 39. Approval of school premises.

        6. 40. Implementation of proposals under section 35, etc.

      2. Voluntary schools: establishment, alteration or change of site

        1. 41. Voluntary school: proposals for establishment, alteration or new site.

        2. 42. Objections to proposals under section 41.

        3. 43. Approval or rejection by Secretary of State of proposals under section 41.

        4. 44. Approval of school premises.

        5. 45. Implementation of proposals under section 41, etc.

        6. 46. Establishment of a new voluntary school in substitution for an old one.

        7. 47. Order authorising transfer of voluntary school to new site.

      3. Status of new voluntary school

        1. 48. Order that school is to be controlled or aided school.

      4. Proposals for a middle school

        1. 49. Proposals under section 35 or 41 for a middle school.

      5. Division of a single school into two or more schools

        1. 50. Division of a county school.

        2. 51. Division of a voluntary school.

      6. Change of status from controlled school to aided school

        1. 52. Proposals for changing a controlled school to an aided school.

        2. 53. Objections to proposals.

        3. 54. Order by Secretary of State.

        4. 55. Variation of order under section 54.

        5. 56. Compensation payable by governing body to local education authority.

      7. Change of status from aided or special agreement school to controlled or aided school

        1. 57. Change to controlled school where governing body unable or unwilling to carry out financial obligations.

        2. 58. Change to controlled or aided school on repayment of grant under special agreement.

    3. Chapter III

      Funding of voluntary schools

      1. Obligations of governing bodies

        1. 59. Obligations of governing bodies of voluntary schools.

      2. Obligations of LEAs as regards new sites and buildings

        1. 60. Obligation of LEAs to provide new sites and buildings for controlled schools.

        2. 61. Obligation of LEAs to provide new sites for aided and special agreement schools.

        3. 62. Provisions supplementary to sections 60 and 61.

      3. Financial assistance for controlled schools

        1. 63. Payment by LEA of expenses of establishing controlled school.

        2. 64. Payment by LEA of expenses of enlarging controlled school.

      4. Financial assistance by Secretary of State for aided and special agreement schools

        1. 65. Grants in respect of expenditure on premises or equipment.

        2. 66. Grants in respect of preliminary expenditure.

        3. 67. Loans in respect of initial expenses.

      5. Assistance by LEAs for governing bodies of aided and special agreement schools

        1. 68. Assistance in respect of maintenance and other obligations of governing body.

      6. Assistance by LEAs for promoters of new voluntary schools

        1. 69. Assistance for promoters of new voluntary school.

      7. Miscellaneous and supplemental

        1. 70. Duty to convey interest in premises provided under section 68 or 69.

        2. 71. Powers of Secretary of State where LEA make default in maintaining voluntary school.

        3. 72. Endowments for maintenance of voluntary schools.

        4. 73. Sums paid for letting or hiring of premises of voluntary schools.

        5. 74. Execution by LEA of certain works in case of controlled schools.

        6. 75. Disapplication of restriction on local authority disposals.

    4. Chapter IV

      Government of county, voluntary and maintained special schools

      1. Instruments of government

        1. 76. Instruments of government.

        2. 77. Procedure for making and altering instruments of government.

      2. Categories of governor

        1. 78. Categories of governor.

      3. Governing bodies of county, controlled and maintained special schools

        1. 79. Constitution of the governing body of a county, controlled or maintained special school.

        2. 80. Appointment of representative governors in place of co-opted governors.

        3. 81. Appointment of parent governors by governing bodies.

        4. 82. Review of the constitution of governing bodies.

        5. 83. Adjustment in number of governors.

      4. Governing bodies of aided and special agreement schools

        1. 84. Constitution of the governing body of an aided or special agreement school.

        2. 85. Sponsor governors for aided secondary schools.

      5. Governing bodies: general

        1. 86. Instrument of government to reflect current circumstances of school.

        2. 87. Effect of change in circumstances of school.

        3. 88. Incorporation, membership and proceedings etc. of governing bodies.

      6. Grouping of schools under a single governing body

        1. 89. Grouping of schools under a single governing body.

        2. 90. Consent of Secretary of State as to grouping.

        3. 91. Consent of, or consultation with, governing body as to grouping.

        4. 92. Procedure for making or altering the instrument of government for a group.

        5. 93. Election of parent and teacher governors for a group.

        6. 94. Review of grouping.

        7. 95. Termination of grouping.

      7. Government of new schools

        1. 96. Temporary governing bodies for new county or maintained special schools.

        2. 97. Temporary governing bodies for new voluntary schools.

        3. 98. Constitution, membership and proceedings etc. of temporary governing bodies.

        4. 99. Transition from temporary governing body to governing body constituted under an instrument of government.

      8. Grouping of new schools

        1. 100. Grouping of new schools.

    5. Chapter V

      Financial delegation to governing bodies of county, voluntary and maintained special schools

      1. Introductory

        1. 101. Local education authority schemes for financing schools.

        2. 102. Schools required to be covered by a scheme.

      2. Schemes for purposes of Chapter V

        1. 103. Local education authority required to have scheme for purposes of Chapter V.

        2. 104. Preparation and imposition of schemes.

      3. Provision by a scheme for determination of budget shares

        1. 105. Calculation of local education authority’s aggregated budget.

        2. 106. Application of the allocation formula.

      4. Provision by a scheme for financial delegation

        1. 107. The delegation requirement.

        2. 108. Optional delegation.

        3. 109. Conditions as to delegation.

        4. 110. Initial implementation of the delegation requirement.

      5. Revision of schemes

        1. 111. Revision of scheme by LEA: general.

        2. 112. Revision of scheme by LEA: significant variations.

        3. 113. Revision of scheme by LEA: minor revisions.

        4. 114. Revision of schemes by Secretary of State.

      6. Financial delegation under a scheme

        1. 115. Financial delegation: introductory.

        2. 116. Effect of financial delegation.

      7. Suspension of financial delegation

        1. 117. Suspension of financial delegation for mismanagement etc.

        2. 118. Review of suspension.

        3. 119. Appeal against suspension or refusal to revoke it.

      8. Extension of schemes

        1. 120. Application of schemes to maintained special schools.

      9. Information

        1. 121. Publication of schemes.

        2. 122. Financial statements.

        3. 123. Certification of statements by Audit Commission.

        4. 124. Financial statements in respect of special schools not covered by statements under section 122.

      10. Financial delegation apart from schemes

        1. 125. Required financial delegation apart from schemes.

      11. Financial delegation and new schools

        1. 126. Financial delegation and new schools.

    6. Chapter VI

      Conduct and staffing of county, voluntary and maintained special schools

      1. Articles of government

        1. 127. Articles of government.

        2. 128. Procedure for making and altering articles of government.

        3. 129. Overriding, and amendment, of articles where school has a delegated budget.

      2. Conduct of schools: general

        1. 130. Governing body to have general responsibility for conduct of school.

        2. 131. Consultation with governing body not required in urgent cases.

        3. 132. Separate departments of school to be treated as separate schools.

      3. Staffing of schools without delegated budgets

        1. 133. Staffing of county, controlled, special agreement and maintained special schools without delegated budgets.

        2. 134. Staffing of aided schools without delegated budgets.

        3. 135. Appointment etc. of clerk to governing body of school other than aided school.

      4. Staffing of schools with delegated budgets

        1. 136. Staffing of county, controlled and special agreement schools with delegated budgets.

        2. 137. Staffing of aided schools with delegated budgets.

        3. 138. Staffing of aided schools with delegated budgets: advisory rights of chief education officer.

        4. 139. Staffing of schools with delegated budgets: payments in respect of dismissal, etc.

        5. 140. Staffing for non-school activities in community schools.

        6. 141. Amendment of articles of government relating to staffing.

        7. 142. Application of provisions to maintained special schools.

      5. Appointment and dismissal of teachers of religious education

        1. 143. Appointment etc. of reserved teachers in controlled schools.

        2. 144. Appointment etc. of reserved teachers in special agreement schools.

        3. 145. Dismissal of teachers of religious education in aided schools.

      6. Religious opinions of staff etc.

        1. 146. Religious opinions of staff etc.

      7. School terms, holidays and sessions

        1. 147. Responsibility for determining dates of terms and holidays and times of sessions.

        2. 148. Procedure for changing times of sessions at a county, controlled or maintained special school.

      8. Control of school premises

        1. 149. County and maintained special schools: control of use of premises outside school hours.

        2. 150. Voluntary schools: control of use of premises.

        3. 151. Voluntary schools: transfer of control agreements.

        4. 152. Voluntary schools: use of premises outside school hours.

      9. Instruction or training outside school premises

        1. 153. Instruction or training outside school premises.

      10. Discipline: general

        1. 154. Responsibility of governing body and head teacher for discipline.

        2. 155. LEA’s reserve power to prevent a breakdown of discipline.

        3. 156. Power of head teacher to exclude pupils.

        4. 157. Exclusion of pupils: duty to inform parents etc.

        5. 158. Reinstatement of excluded pupils.

        6. 159. Appeals against exclusion or reinstatement of pupils.

        7. 160. Additional provision for appeals against exclusion of pupils.

      11. Reports, meetings and information

        1. 161. Governors' annual reports.

        2. 162. Annual parents' meetings.

        3. 163. No annual parents' meeting required in case of certain special and boarding schools.

        4. 164. Governors' reports and annual parents' meetings for grouped schools.

        5. 165. Provision of information by governing body and head teacher.

      12. New schools

        1. 166. Conduct and staffing of new schools.

    7. Chapter VII

      Discontinuance of local education authority schools

      1. Procedure for discontinuance of county, voluntary or maintained nursery school by local education authority

        1. 167. Proposals for discontinuance of a county, voluntary or nursery school.

        2. 168. Objections to proposals.

        3. 169. Approval or rejection by Secretary of State of proposals under section 167.

        4. 170. Determination by local education authority whether to implement proposals.

        5. 171. Duty to implement proposals.

        6. 172. Restriction on taking steps before sections 167 and 169 have been complied with.

      2. Discontinuance of voluntary school by governing body

        1. 173. Discontinuance of a voluntary school by its governing body.

        2. 174. Conduct by local education authority of a voluntary school which is subject to notice of discontinuance.

        3. 175. Discontinuance of voluntary school in consequence of proposal to establish a further education corporation.

    8. Chapter VIII

      Miscellaneous and supplementary provisions

      1. Further education

        1. 176. Provision of further education.

      2. Teacher training

        1. 177. Provision of courses of initial teacher training.

      3. Modification of employment law

        1. 178. Application of employment law during financial delegation.

      4. Modification of trust deeds and other instruments

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

        2. 180. Modification of provisions whereby governors of voluntary schools are ex officio trustees.

      5. Interpretation of Part II

        1. 181. Meaning of expressions relating to new schools.

        2. 182. Meaning of “governing body” and “governor” in Chapters IV to VI.

  3. Part III

    Grant-maintained schools

    1. Chapter I

      Preliminary

      1. 183. “Grant-maintained schools”.

    2. Chapter II

      Procedure for acquisition of grant-maintained status

      1. Eligibility

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

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

      2. Initiation of procedure

        1. 186. Initiation of procedure by governing body.

        2. 187. Initiation of procedure by parents.

      3. Information

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

      4. Ballot of parents

        1. 189. Ballot of parents.

        2. 190. Persons eligible to vote in ballot.

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

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

        5. 193. Publication of proposals.

      5. Approval and implementation of proposals

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

        2. 195. Incorporation of governing body.

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

      6. Expenses in connection with proposals

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

      7. Alteration of county school proposed for grant-maintained status

        1. 198. Proposals by governing body for alteration of county school proposed for grant-maintained status.

        2. 199. Approval or rejection by Secretary of State of proposals under section 198.

      8. Supplementary

        1. 200. Chapter II: interpretation, etc.

    3. Chapter III

      Property, staff and contracts

      1. Transfer of property and staff, etc.

        1. 201. Transfer of property etc.

        2. 202. Transfer of staff.

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

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

        2. 204. Control of disposals of land.

        3. 205. Wrongful disposals of land.

        4. 206. Control of contracts.

        5. 207. Wrongful contracts.

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

        7. 209. Restriction on staff changes.

      3. Supplementary

        1. 210. Supplementary provisions about transfers.

    4. Chapter IV

      Establishing new grant-maintained schools

      1. Proposals for establishment of new grant-maintained school

        1. 211. Proposals by funding authority.

        2. 212. Proposals by promoters.

        3. 213. Provisions supplementary to sections 211 and 212.

      2. Approval and implementation of proposals

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

        2. 215. Implementation of proposals.

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

      3. Supplementary

        1. 217. Chapter IV: interpretation.

    5. Chapter V

      Government, conduct etc. of grant-maintained schools

      1. The governing instruments

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

        2. 219. Initial instruments and articles of government.

        3. 220. Subsequent instruments of government.

        4. 221. Subsequent articles of government.

      2. Governors

        1. 222. Categories of governors.

        2. 223. Parent governors.

        3. 224. Teacher governors.

        4. 225. Head teacher.

        5. 226. First governors.

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

        7. 228. Foundation governors.

        8. 229. Sponsor governors.

        9. 230. Additional governors.

      3. Powers

        1. 231. Powers of governing body.

        2. 232. Joint schemes.

        3. 233. Making and varying joint schemes.

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

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

        2. 235. Section 234: supplementary provisions.

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

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

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

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

        7. 240. Initial sponsor governors.

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

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

      6. General and supplementary

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

        2. 243. Chapter V: interpretation.

    6. Chapter VI

      Funding of grant-maintained schools

      1. Grants: general

        1. 244. Maintenance grants.

        2. 245. Special purpose grants.

        3. 246. Capital grants.

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

        5. 248. Grants: further provisions.

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

        1. 249. Application of sections 250 to 254.

        2. 250. Maintenance grants.

        3. 251. Special purpose grants.

        4. 252. Capital grants.

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

        6. 254. Grants: further provisions.

      3. Loans

        1. 255. Loans to governing bodies.

      4. Recovery from local funds

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

        2. 257. Determination of total amount recoverable under section 256.

        3. 258. Provisions consequential on section 256.

    7. Chapter VII

      Alteration etc. of grant-maintained schools

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

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

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

      4. 262. Approval of school premises.

      5. 263. Implementation of proposals, etc.

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

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

      8. 266. Chapter VII: interpretation.

    8. Chapter VIII

      Discontinuance of grant-maintained schools

      1. Proposals for discontinuance

        1. 267. Proposals by governing body for discontinuance.

        2. 268. Proposals by funding authority for discontinuance.

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

        4. 270. Implementation of proposals.

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

      2. Withdrawal of grant

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

        2. 273. Withdrawal or variation of notice under section 272.

      3. Winding up and disposal of property

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

        2. 275. Winding up.

        3. 276. Grants to governing body in liquidation.

        4. 277. Disposal of school property.

        5. 278. Disposal of school property: supplementary.

        6. 279. Surplus money and investments.

    9. Chapter IX

      Groups of grant-maintained schools

      1. 280. Nature of group.

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

      3. 282. Parent governors.

      4. 283. Teacher governors.

      5. 284. Head teacher governors.

      6. 285. Core governors.

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

      8. 287. Additional governors.

      9. 288. Powers.

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

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

    10. Chapter X

      General and Miscellaneous

      1. Middle schools

        1. 291. Grant-maintained middle schools.

      2. Nursery education

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

      3. Further education

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

      4. Teacher training