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(1) Regulations shall prescribe the standards to which the premises of schools maintained by local education authorities and of grant-maintained schools are to conform; and without prejudice to the generality of section 569(4) different standards may be prescribed for such descriptions of schools as are specified in the regulations.
(2) Where a school is maintained by a local education authority, the authority shall secure that the school premises conform to the prescribed standards.
(3) Where a school is a grant-maintained school, the governing body shall secure that the school premises conform to the prescribed standards.
(4) Subsections (2) and (3) have effect subject to section 543.
(1) Where subsection (2), (3) or (4) applies in relation to a school, the Secretary of State may direct that, despite the fact that the prescribed requirement referred to in that subsection is not satisfied, the school premises shall be taken, as respects the matters specified in the direction, to conform to the standards prescribed under section 542 so long as—
(a) the direction remains in force, and
(b) any conditions specified in the direction as respects those matters are observed.
(2) This subsection applies if the Secretary of State is satisfied, having regard—
(a) to the nature of the school’s existing site,
(b) to any existing buildings on the site, or
(c) to other special circumstances affecting the school premises,
that it would be unreasonable to require conformity with any prescribed requirement as to any matter.
(3) This subsection applies if—
(a) the school is to have an additional or new site, and
(b) the Secretary of State is satisfied, having regard to the shortage of suitable sites, that it would be unreasonable to require conformity with any prescribed requirement relating to sites.
(4) This subsection applies if—
(a) the school is to have additional buildings, or is to be transferred to a new site,
(b) existing buildings not previously part of the school premises, or temporary buildings, are to be used for that purpose, and
(c) the Secretary of State is satisfied, having regard to the need to control public expenditure in the interests of the national economy, that it would be unreasonable to require conformity with any prescribed requirement relating to buildings.
(5) In this section “prescribed requirement” means a requirement of regulations under section 542.
(1) Regulations may make provision requiring the Secretary of State’s approval (or, in such cases as may be prescribed, the approval of the funding authority) to be obtained for the provision of new premises for, or the alteration of the premises of—
(a) any school to which this section applies, or
(b) any boarding hostel provided by a local education authority for persons receiving education at any such school.
(2) Regulations may make provision for the inspection of any such hostel.
(3) The schools to which this section applies are—
(a) any school maintained by a local education authority,
(b) any grant-maintained school, and
(c) any special school not maintained by a local education authority.
(1) Where plans for, or particulars in respect of, a building required for the purposes of any school or other educational institution are approved by the Secretary of State, he may by order direct that any provision of a local Act or of a byelaw made under such an Act—
(a) shall not apply in relation to the building, or
(b) shall apply in relation to it with such modifications as may be specified in the order.
(2) The reference in subsection (1) to plans or particulars approved by the Secretary of State includes a reference to—
(a) particulars submitted to and approved by him under regulations under section 544 or section 218(7) of the [1988 c. 40.] Education Reform Act 1988, or
(b) particulars given in pursuance of section 428(2)(b).
(1) Regulations may make provision for requiring the Secretary of State’s approval to be obtained for the use in schools to which this section applies of such materials or apparatus as may be specified in the regulations, being materials or apparatus which could or might involve a serious risk to health.
(2) The schools to which this section applies are—
(a) any school maintained by a local education authority,
(b) any grant-maintained school, and
(c) any special school not maintained by a local education authority.
(1) Any person who without lawful authority is present on premises to which this section applies and causes or permits nuisance or disturbance to the annoyance of persons who lawfully use those premises (whether or not any such persons are present at the time) is guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(2) This section applies to premises, including playgrounds, playing fields and other premises for outdoor recreation, of—
(a) any school maintained by a local education authority, or
(b) any grant-maintained school.
(3) If—
(a) a police constable, or
(b) (subject to subsection (5)) a person whom a local education authority have authorised to exercise the power conferred by this subsection,
has reasonable cause to suspect that any person is committing or has committed an offence under this section, he may remove him from the premises in question.
(4) The power conferred by subsection (3) may also be exercised, in relation to premises of an aided, special agreement or grant-maintained school, by a person whom the governing body have authorised to exercise it.
(5) A local education authority may not authorise a person to exercise the power conferred by subsection (3) in relation to premises of a voluntary or grant-maintained school without first obtaining the consent of the governing body.
(6) Subject to subsection (7), no proceedings for an offence under this section shall be brought by any person other than—
(a) a police constable, or
(b) a local education authority.
(7) Proceedings for an offence under this section committed on premises of an aided, special agreement or grant-maintained school may be brought by a person whom the governing body have authorised to bring such proceedings.
(8) A local education authority may not bring proceedings for an offence under this section committed on premises of a voluntary or grant-maintained school without first obtaining the consent of the governing body.
(1) Where, in any proceedings, it is shown that corporal punishment has been given to any pupil to whom this subsection applies by or on the authority of a member of the staff, giving the punishment cannot be justified on the ground that it was done in pursuance of a right exercisable by the member of the staff by virtue of his position as such.
(2) Where, in any proceedings, it is shown that corporal punishment has been given to any pupil by or on the authority of a member of the staff, giving the punishment cannot be justified if it was inhuman or degrading.
(3) Subsection (1) applies to—
(a) any pupil for whom education is provided—
(i) at a school maintained by a local education authority,
(ii) at a special school not so maintained, or
(iii) at a grant-maintained school;
(b) any pupil for whom education is provided at an independent school—
(i) which is maintained or assisted by a Minister of the Crown (including a school of which a government department is a proprietor) or is assisted by a local education authority, and
(ii) which falls within a prescribed class;
(c) any pupil for whom education is provided by a local education authority otherwise than at a school; and
(d) any pupil who is an assisted person for the purposes of this paragraph and for whom education is provided at an independent school not falling within paragraph (b) above.
(4) A pupil is an assisted person for the purposes of subsection (3)(d) if—
(a) he holds an assisted place under the scheme operated by the Secretary of State under section 479;
(b) any of the fees or expenses payable in respect of his attendance at school are paid by—
(i) the Secretary of State under section 491, or
(ii) a local education authority under section 517, or
(iii) the funding authority or a local education authority under paragraph 9 or 10 of Schedule 4;
(c) any of the fees payable in respect of his attendance at school are paid by a local education authority under section 518; or
(d) he falls within a prescribed category of persons.
(5) The Secretary of State may prescribe, for the purposes of subsection (4)(d), one or more categories of persons who appear to him to be persons in respect of whom any fees are paid out of public funds.
(6) A person does not commit an offence by reason of any conduct relating to a pupil which would, apart from this section, be justified on the ground that it is done in pursuance of a right exercisable by a member of the staff by virtue of his position as such.
(1) Subject to subsection (2), references in section 548 to giving corporal punishment are to doing anything for the purpose of punishing the pupil concerned (whether or not there are also other reasons for doing it) which, apart from any justification, would constitute battery.
(2) A person is not to be taken for the purposes of section 548 as giving corporal punishment by virtue of anything done for reasons that include averting an immediate danger of personal injury to, or an immediate danger to the property of, any person (including the pupil concerned).
(3) In determining for the purposes of section 548(2) whether punishment is inhuman or degrading regard shall be had to all the circumstances of the case, including the reason for giving it, how soon after the event it is given, its nature, the manner and circumstances in which it is given, the persons involved and its mental and physical effects.
(4) In section 548 “member of the staff” means—
(a) in relation to a person who is a pupil by reason of the provision of education for him at a school, any teacher who works at the school and any other person who has lawful control or charge of the pupil and works there; and
(b) in relation to a person who is a pupil by reason of the provision of education for him by a local education authority at a place other than a school, any teacher employed by the authority who works at that place and any other person employed by the authority who has lawful control or charge of the pupil and works there.
(5) In section 548 and this section “pupil” does not include any person who has attained the age of 18.
A person shall not be debarred from receiving education (whether by refusing him admission to a school, suspending his attendance or otherwise) by reason of the fact that any provision of section 548 applies in relation to him or, if he were admitted, might so apply.
(1) Regulations may make provision with respect to the duration of the school day and school year at, and the granting of leave of absence from, any schools to which this section applies.
(2) The schools to which this section applies are—
(a) any school maintained by a local education authority;
(b) any grant-maintained school; and
(c) any special school not maintained by a local education authority.
(1) Where—
(a) by reason of section 37(7)(b), 43(4)(b), 169(6)(b) or 199(2) any proposals for a school to cease to be an establishment which admits pupils of one sex only may not be determined until the Secretary of State has made his determination with respect to any proposals for acquisition of grant-maintained status, and
(b) the proposals for acquisition of grant-maintained status and the proposals for the school to cease to be such an establishment are approved (with or without modification),
paragraph 1 of Schedule 2 to the 1975 Act shall not apply but the new governing body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and he may make such an order accordingly.
(2) Where the governing body of a grant-maintained school publish under section 259 proposals for the school to cease to be an establishment which admits pupils of one sex only and (by virtue of section 264(1)) Part III of this Act has effect with the modifications in section 264(2) to (7) in relation to the proposals, then—
(a) paragraph 1 of Schedule 2 to the 1975 Act shall not apply unless the proposals require the approval of the Secretary of State, and
(b) in any other case, the governing body shall be treated as having applied for the making by the funding authority of a transitional exemption order, and the funding authority may make such an order accordingly.
(3) Where under section 260 the funding authority submit to the Secretary of State a copy of proposals for a school to cease to be an establishment which admits pupils of one sex only, then—
(a) if the proposals require the approval of the Secretary of State, the governing body shall be treated as having applied for the making by him of a transitional exemption order, and
(b) in any other case, the governing body shall be treated as having applied for the making by the funding authority of such an order,
and the Secretary of State or, as the case may be, the funding authority may make such an order accordingly.
(4) Where in pursuance of section 339(1)(b) a local education authority serve notice of proposals for a maintained special school to cease to be an establishment which admits pupils of one sex only, the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.
(5) Where proposals made by the Secretary of State under section 502—
(a) are for a school to cease to be an establishment which admits pupils of one sex only, and
(b) have effect as mentioned in section 504(3),
the responsible body shall be treated as having applied for the making by the Secretary of State of a transitional exemption order, and the Secretary of State may make such an order accordingly.
(6) In this section—
“the 1975 Act” means the [1975 c. 65.] Sex Discrimination Act 1975,
“responsible body” has the same meaning as in section 22 of the 1975 Act, and
“transitional exemption order” has the same meaning as in section 27 of the 1975 Act,
and references to proposals for a school to cease to be an establishment which admits pupils of one sex only are references to proposals which are or include proposals for such an alteration in a school’s admissions arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex establishments becoming co-educational).
(1) Where under any provision (however expressed) of a scheme made under the Endowed Schools Acts 1869 to 1948 the power of the trustees under the scheme to apply any property to which the scheme relates for purposes authorised by the scheme is subject to the approval or order of any other person, the scheme shall have effect as if no such approval or order was required.
(2) The Secretary of State may, on the application of any person whose approval or order would apart from this section be required under such a scheme, direct that the requirement shall continue to have effect despite subsection (1); but no liability shall be taken to have been incurred in respect of any failure before the making of such a direction to obtain any such approval or order.
(1) This section applies where—
(a) the premises of a voluntary or grant-maintained school have ceased to be used for a voluntary or (as the case may be) grant-maintained school; or
(b) in the opinion of the Secretary of State it is likely such premises will cease to be so used.
(2) In such a case the Secretary of State may (subject to sections 555 and 556(1) and (2)) by order make new provision as to the use of any endowment if it is shown either—
(a) that the endowment is or has been held wholly or partly for or in connection with the provision at the school of religious education in accordance with the tenets of a particular religion or religious denomination; or
(b) that the endowment is or has been used wholly or partly for or in connection with the provision at the school of such religious education and that (subject to subsection (4)) the requirements of subsection (3) are fulfilled.
(3) The requirements of this subsection are—
(a) that the school was or has been maintained as a voluntary school since 1st April 1945 (the date when Part II of the [1944 c. 31.] Education Act 1944 came into force) or, in the case of a grant-maintained school, was so maintained from that date until immediately before it became a grant-maintained school; and
(b) that religious education in accordance with the tenets of the religion or denomination concerned—
(i) is, and has been from that date, provided at the school, or
(ii) where the premises have ceased to be used for the purposes of the school, was provided at the school from that date until immediately before the premises ceased to be so used,
in pursuance of section 377 or 378 or section 380 or 381 (or any corresponding earlier enactment).
(4) For the purposes of this section—
(a) where in the case of any school falling within subsection (3)(a) it is shown—
(i) that religious education in accordance with the tenets of a particular religion or denomination is provided at the school, or
(ii) if the premises have ceased to be used for the purposes of the school, such religious education was so provided immediately before the premises ceased to be so used,
such religious education shall be taken to have been provided at the school from 1st April 1945, unless the contrary is shown; and
(b) where religious education in accordance with such tenets is shown to have been given to any pupils at a controlled school or a grant-maintained school which was a controlled school immediately before it became a grant-maintained school, the religious education shall be taken to have been given to them at the request of their parents, unless the contrary is shown.
(5) For the purposes of this section—
“endowment” includes property not subject to any restriction on the expenditure of capital; and
“shown” means shown to the satisfaction of the Secretary of State.
(6) This section applies where the premises of a non-provided public elementary school ceased before 1st April 1945 to be used for such a school as it applies where the premises of a voluntary school have ceased to be used for such a school.
(1) No order shall be made under section 554 except on the application of the persons appearing to the Secretary of State to be the appropriate authority of the religion or denomination concerned.
(2) The Secretary of State shall, not less than one month before making an order under section 554, give notice of the proposed order and of the right of persons interested to make representations on it.
(3) Such notice shall be given—
(a) by giving to any persons appearing to the Secretary of State to be trustees of an endowment affected by the proposed order a notice of the proposal to make it, together with a draft or summary of the provisions proposed to be included; and
(b) by publishing, in such manner as the Secretary of State thinks sufficient for informing any other persons interested, a notice of the proposal to make the order and of the place where any person interested may (during a period of not less than a month) inspect such a draft or summary, and by keeping a draft or summary available for inspection in accordance with the notice.
(4) The Secretary of State shall take into account any representations made to him by any person interested before the order is made.
(5) In this section “endowment” has the same meaning as in section 554.
(1) An order under section 554—
(a) may require or authorise the disposal by sale or otherwise of any land or other property forming part of an endowment affected by the order, including the premises of the school and any teacher’s dwelling-house; and
(b) may consolidate any endowments to be dealt with by the scheme.
(2) Subject to subsection (1), and to any provision affecting the endowments which is a provision of a public general Act of Parliament, an order under section 554 shall establish and give effect, with a view to enabling the religion or denomination concerned to participate more effectively in the administration of the statutory system of public education, to a scheme or schemes for the endowments dealt with by the order to be used for appropriate educational purposes either—
(a) in connection with schools which are voluntary schools or grant-maintained schools; or
(b) partly in connection with such schools (or either description of such schools) and partly in other ways related to the locality served by the voluntary or grant-maintained school at the premises that have gone or are to go out of use for such a school.
(3) In subsection (2) “use for appropriate educational purposes” means use for educational purposes in connection with the provision of religious education in accordance with the tenets of the religion or denomination concerned (including in particular, but without prejudice to the generality of the foregoing, use for any purpose specified in Schedule 36).
(4) A scheme given effect under section 554—
(a) may provide for the retention of the capital of any endowment and application of the accruing income; or
(b) may authorise the application or expenditure of capital to such extent and subject to such conditions as may be determined by or in accordance with the scheme;
and any such scheme may provide for the endowments dealt with by the scheme or any part of them to be added to any existing endowment applicable for any such purpose as is authorised for the scheme by subsection (2).
(5) Where a scheme given effect under section 554 provides for the endowments dealt with by the order or any part of them to be used for the purposes specified in Schedule 36, any such scheme may provide for the endowments thereby dealt with or any part of them to be added to any existing endowment applicable for those purposes (whether it is so applicable by virtue of a scheme given effect to under that section or otherwise).
(6) Section 568(5) does not apply to an order under section 554, but such an order may include such incidental or supplementary provisions as appear to the Secretary of State to be necessary or expedient either for the bringing into force or for the operation of any scheme established by it, including in particular provisions—
(a) for the appointment and powers of trustees of the property comprised in the scheme or, if the property is not all applicable for the same purposes, of any part of that property; and
(b) for the property or any part of it to vest by virtue of the scheme in the first trustees under the scheme or trustees of any endowment to which it is to be added or, if not so vested, to be transferred to them.
(7) Any order under section 554 shall have effect despite any Act of Parliament (other than a public general Act), letters patent or other instrument relating to, or trust affecting, the endowments dealt with by the order.
(8) In this section “endowment” has the same meaning as in section 554.
(1) This section applies to endowments which are—
(a) regulated by a qualifying scheme under the Endowed Schools Acts 1869 to 1948 as applied by section 86(1) of the [1944 c. 31.] Education Act 1944 or by an order under section 554 of this Act or section 2 of the [1973 c. 16.] Education Act 1973; and
(b) held under any such scheme or order on trusts which provide for capital or income or both to be applicable for or in connection with—
(i) the provision of religious education at relevant schools, or relevant schools of any description (but not only at a particular school or schools) in a diocese or other geographical area; or
(ii) the provision of premises for relevant schools, or relevant schools of any description (but not only at a particular school or schools) at which religious education is or is to be provided in a diocese or other geographical area;
but this section does not apply to an endowment if or in so far as it constitutes a religious education fund.
(2) The trustees of any endowments to which this section applies may, by resolution complying with subsection (6), adopt the uniform statutory trusts as the trusts on which those endowments are to be held.
(3) The uniform statutory trusts are those set out in Schedule 36.
(4) On the adoption by trustees of the uniform statutory trusts in respect of any endowments the scheme or order which regulates the endowments shall have effect as if the uniform statutory trusts are incorporated in the scheme or order to the exclusion of the corresponding provisions of the scheme or order.
(5) The trustees of two or more endowments which are held on the uniform statutory trusts may, by resolution complying with subsection (6), consolidate all or any of those endowments and, where they do so, the endowments shall be treated, for all purposes, as held for the purposes of a single charity.
(6) For a resolution to comply with this subsection—
(a) it must be passed by a simple majority of the trustees or, if the trustees are a body corporate or a company, by a simple majority of the members of the body corporate or an ordinary resolution of the company; and
(b) it must be recorded in the records of the decisions of the trustees affecting the endowments of the trust.
(7) Where trustees pass a resolution under subsection (2), it shall be their duty to send a copy of the resolution to the Secretary of State.
(8) The uniform statutory trusts applicable to endowments to which this section applies shall not affect—
(a) the rights of any person under the third proviso to section 2 of the [1841 c. 38.] School Sites Act 1841, under section 86(3) of the [1944 c. 31.] Education Act 1944 or under section 1 of the [1987 c. 15.] Reverter of Sites Act 1987 (rights replacing certain reversionary interests in land), or
(b) the rights of any local education authority which have arisen under paragraph 7 or 8 of the First Schedule to the [1946 c. 50.] Education Act 1946 (rights in relation to school sites provided by such authorities) or which may arise under section 60(4) or 62(2),
except in so far as any right falling within paragraph (a) above is or has been extinguished by an order under section 554 of this Act or section 2 of the [1973 c. 16.] Education Act 1973 made by virtue of section 5 of the Reverter of Sites Act 1987.
(9) In this section—
“company” means a company formed under the Companies Acts;
“the Companies Acts” means the [1985 c. 6.] Companies Act 1985, the [1948 c. 38.] Companies Act 1948 or any Act repealed by that Act of 1948;
“endowment” has the same meaning as in section 554;
“provision”, in relation to premises, means provision by the purchase of a site, the erection of premises or the maintenance, improvement or enlargement of premises;
“qualifying scheme” means a scheme in force on 1st January 1994 (the date when section 287 of the [1993 c. 35.] Education Act 1993 came into force);
“relevant school” means a voluntary school or a grant-maintained school;
“religious education” means religious education in accordance with the tenets of a particular religion or religious denomination; and
“religious education fund” includes a Sunday school fund.
(10) In Schedule 36 as incorporated in any scheme or order—
“the area” means the diocese or other geographical area within which the trust assets may be applied under the scheme or order, as the case may be;
“relevant school” means a relevant school at which the religious education provided for in the scheme or order, as the case may be, is or is to be provided; and
“the relevant trust assets” means the endowments in respect of which the trustees have adopted the uniform statutory trusts, including the income derived therefrom.
For the purposes of any enactment relating to the prohibition or regulation of the employment of children or young persons, any person who is not over compulsory school age shall be deemed to be a child within the meaning of that enactment.
Education Act 1996