Office of Public Sector Information
PART X continued CHAPTER IV continued
(1) If it appears to a local education authority that a child who is a registered pupil at a county, voluntary or special school is being employed in such a manner as to be prejudicial to his health, or otherwise to render him unfit to obtain the full benefit of the education provided for him, the authority may serve a notice in writing on the employer—
(a) prohibiting him from employing the child, or
(b) imposing such restrictions upon his employment of the child as appear to them to be expedient in the interests of the child.
(2) A local education authority may serve a notice in writing on the parent or employer of a child who is a registered pupil at a county, voluntary or special school requiring the parent or employer to provide the authority, within such period as may be specified in the notice, with such information as appears to the authority to be necessary for the purpose of enabling them to ascertain whether the child is being employed in such a manner as to render him unfit to obtain the full benefit of the education provided for him.
(3) A person who—
(a) employs a child in contravention of any prohibition or restriction imposed under subsection (1), or
(b) fails to comply with the requirements of a notice served under subsection (2),
shall be guilty of an offence.
(4) A person guilty of an offence under this section shall be liable on summary conviction—
(a) to a fine not exceeding level 1 on the standard scale, or
(b) to imprisonment for a term not exceeding one month,
or both.
(5) Section 28(1) and (3) of the [1933 c. 12.] Children and Young Persons Act 1933 (powers of entry for the enforcement of the provisions of Part II of that Act as to the employment of children) shall apply with respect to the provisions of any notice served under this section as they apply with respect to the provisions of Part II of that Act.
(6) This section shall cease to have effect on the coming into force of section 2 of the [1973 c. 24.] Employment of Children Act 1973.
(1) The enactments relating to the prohibition or regulation of the employment of children shall not apply to the employment of a child in his last year of compulsory schooling if the employment is in pursuance of arrangements made or approved—
(a) by the local education authority, or
(b) in the case of a child at a grant-maintained school, by the governing body of the school,
with a view to providing him with work experience as a part of his education.
(2) For the purposes of subsection (1) a child shall be taken to be in his last year of compulsory schooling from the beginning of the term at his school which precedes the beginning of the school year in which he would cease to be of compulsory school age.
(3) Subsection (1) shall not be taken to permit the employment of a person in any way contrary to—
(a) an enactment which in terms applies to persons of less than, or not over, a specified age expressed as a number of years, or
(b) section 1(2) of the [1920 c. 65.] Employment of Women, Young Persons and Children Act 1920 or section 55(1) of the [1995 c. 21.] Merchant Shipping Act 1995 (which prohibit the employment of children in ships).
(4) No arrangements shall be made under subsection (1) for a child to be employed in any way which would be contrary to an enactment prohibiting or regulating the employment of young persons if he were a young person (within the meaning of the enactment) and not a child.
(5) Where a child is employed in pursuance of arrangements made under subsection (1), so much of any enactment as—
(a) regulates the employment of young persons (whether by excluding them from any description of work, prescribing the conditions under which they may be permitted to do it or in any other way), and
(b) would apply in relation to him if he were of an age to be treated as a young person for the purposes of that enactment,
shall apply in relation to him, in and in respect of the employment arranged for him, in all respects as if he were of an age to be so treated.
(6) Nothing in section 495 or 496 applies in relation to any power conferred on a local education authority or the governing body of a grant-maintained school by subsection (1).
(7) In this section “enactment” includes any byelaw, regulation or other provision having effect under an enactment.
No power or duty conferred or imposed by this Act on—
(a) the Secretary of State,
(b) local education authorities, or
(c) parents,
shall be construed as relating to any person who is employed by or under the Crown in any service or capacity with respect to which the Secretary of State certifies that, by reason of the arrangements made for the education of children and young persons so employed, the exercise and performance of those powers and duties with respect to such children and young persons is unnecessary.
(1) No power or duty conferred or imposed by or under this Act on—
(a) the Secretary of State,
(b) local education authorities, or
(c) parents,
shall be construed as relating to any person who is detained in pursuance of an order made by a court or of an order of recall made by the Secretary of State, but a local education authority may make arrangements for a person who is detained in pursuance of such an order to receive the benefit of educational facilities provided by the authority.
(2) A child or young person who is being educated as a boarder at a school shall not be regarded for the purposes of subsection (1) as detained in pursuance of an order made by a court by reason of the fact that he is required to be at the school—
(a) by virtue of an order made by a court under the [1933 c. 12.] Children and Young Persons Act 1933 or by virtue of anything done under such an order; or
(b) by virtue of a requirement of a probation order or by virtue of anything done under such a requirement.
(1) Regulations may make provision as to—
(a) the keeping, disclosure and transfer of educational records about persons receiving education at schools to which this section applies; and
(b) the supply of copies of such records to such persons, and in such circumstances, as may be determined by or under the regulations.
(2) The regulations may authorise persons who supply copies of such records in pursuance of the regulations to charge such fee as they think fit (not exceeding the cost of supply) in respect of each copy so supplied.
(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 the age of any person is required to be proved for the purposes of this Act or of any enactment relating to the employment of children or young persons, the registrar having the custody of the register of birth and deaths containing the entry relating to the birth of that person shall—
(a) on being presented by any person (“the applicant”) with a written requisition in such form and containing such particulars as may be determined by regulations, and
(b) on payment of a fee of £2.00,
supply the applicant with a copy of the entry certified under his hand.
(2) A registrar shall, on being requested so to do, supply free of charge a form of requisition for the purposes of subsection (1).
(3) A registrar shall supply to a local education authority such particulars of the entries contained in any register of births and deaths in his custody, and in such form, as (subject to regulations) the authority may from time to time require.
(4) In this section—
“register of births and deaths” means a register of births and deaths kept under the [1953 c. 20.] Births and Deaths Registration Act 1953, and
“registrar” includes a registrar of births and deaths and a superintendent registrar.
(1) Where in any proceedings under this Act the person by whom the proceedings are brought—
(a) alleges that any person whose age is material to the proceedings is under, of, or over, any age, and
(b) satisfies the court that, having used all reasonable diligence to obtain evidence as to the age of that person, he has been unable to do so,
the court may, unless the contrary is proved, presume that person to be under, of, or (as the case may be) over, the age alleged.
(2) This section has effect subject to section 445(3).
(1) In any legal proceedings, any of the following documents, namely—
(a) a document purporting to be a document issued by a local education authority, and to be signed by the clerk of that authority or by the chief education officer of that authority or by any other officer of the authority authorised to sign it,
(b) a document purporting to be an extract from the minutes of the proceedings of the governing body of a county or voluntary school, and to be signed by the chairman of the governing body or by their clerk,
(c) a document purporting to be a certificate giving particulars of the attendance of a child or young person at a school, and to be signed by the head teacher of the school, and
(d) a document purporting to be a certificate issued by a medical officer of a local education authority, and to be signed by such an officer,
shall be received in evidence and shall be treated, without further proof, as the document which it purports to be and as having been signed by the person by whom it purports to have been signed, unless the contrary is proved.
(2) In any legal proceedings, any such extract or certificate as is mentioned in subsection (1)(b), (c) or (d) shall be evidence of the matters stated in it.
(1) Subject to subsection (5), stamp duty shall not be chargeable in respect of any transfer effected under—
(a) section 201 (taken with section 198 of, and Schedule 10 to, the [1988 c. 40.] Education Reform Act 1988), or
(b) section 279(3) or (4).
(2) Subject to subsection (5), stamp duty shall not be chargeable in respect of any transfer to a funding authority under section 277.
(3) Subject to subsection (5), stamp duty shall not be chargeable in respect of any transfer to a local education authority—
(a) under or by virtue of section 277(1)(a) or 298(2) of property which immediately after the transfer is held by the authority for the purposes of a county or voluntary school or a maintained special school not established in a hospital, or
(b) by virtue of section 277(2) of property which immediately after the transfer is held by the authority for the purposes of a new county school.
(4) Subject to subsection (5), stamp duty shall not be chargeable in respect of any transfer to the governing body of a grant-maintained school—
(a) by virtue of section 277(2), or
(b) in the case of a school established under section 211(2) or 212, from the funding authority.
(5) No instrument (other than a statutory instrument) made or executed under or in pursuance of any of the provisions mentioned in subsections (1) to (4) above shall be treated as duly stamped unless it is stamped with the duty to which it would, but for this section (and, if applicable, section 129 of the [1982 c. 39.] Finance Act 1982), be liable or it has, in accordance with the provisions of section 12 of the [1891 c. 39.] Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.
(1) Any power of the Secretary of State to make orders under this Act (other than an order under any of the excepted provisions) shall be exercised by statutory instrument.
(2) For the purposes of subsection (1) “the excepted provisions” are—
sections 24 and 27;
sections 46 to 48, 50, 51, 54, 55, 57, 58, 63, 64, 77(7), 85, 95(1), 104(1), 110(4), 112(4), 128(6) and 179;
sections 202, 220, 233, 274 and 302 and the definition of “Church in Wales school” in section 311(1);
section 349;
sections 420(2) and 427;
sections 468, 471(1) and 474;
section 489(3),
sections 497, 500, 501 and 516;
section 545; and
paragraph 5 of Schedule 21 and paragraph 3 of Schedule 28.
(3) A statutory instrument containing any order made by the Secretary of State under this Act, other than an order under—
section 354(6), 355(2)(a), 356(2)(c) or 401,
section 517(6),
section 554,
section 583(3) or (4), or
Schedule 40,
shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) No order shall be made under section 354(6), 355(2)(a) or 401 unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
(5) Any order made—
(a) by the Secretary of State under this Act by statutory instrument, or
(b) by the funding authority under section 220, 233 or 302 or paragraph 5 of Schedule 21,
may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.
(6) Without prejudice to the generality of subsection (5), an order made by the Secretary of State under this Act by statutory instrument may make in relation to Wales provision different from that made in relation to England.
(1) Any power of the Secretary of State to make regulations under this Act shall be exercised by statutory instrument.
(2) A statutory instrument containing regulations under this Act, other than regulations under section 480 or 492 or paragraph 1(4) of Schedule 20, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3) No regulations shall be made under section 480 or 492 or paragraph 1(4) of Schedule 20 unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.
(4) Regulations under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.
(5) Without prejudice to the generality of subsection (4), regulations under this Act may make in relation to Wales provision different from that made in relation to England.
(6) Subsection (5) does not apply to regulations under section 579(4).
(1) This section applies to any order or directions made or given under this Act by—
(a) the Secretary of State,
(b) the funding authority, or
(c) a local education authority,
other than an order to which section 568(1) applies.
(2) Subject to subsection (3), any such order or directions may be varied or revoked by a further order or directions made or given by the Secretary of State, the funding authority or the local education authority, as the case may be.
(3) Where the power to make or give any such order or directions is only exercisable—
(a) on the application or with the consent of any person or body of persons, or
(b) after consultation with any person or body of persons, or
(c) subject to any other conditions,
no order or directions made or given under that power may be varied or revoked under subsection (2) unless the same conditions are complied with.
(1) The Secretary of State shall publish any guidance given by him for the purposes of any of the provisions mentioned in subsection (2) below in such manner as he thinks fit.
(2) Those provisions are—
(a) sections 35(5), 41(7), 104 and 167(4);
(b) sections 189, 211, 212, 259(3), 260(4), 267(2) and 268(4); and
(c) section 340(1).
Any order, notice or other document required or authorised by this Act to be served on any person may be served—
(a) by delivering it to that person, or
(b) by leaving it at his usual or last known place of residence, or
(c) by sending it in a prepaid letter addressed to him at that place.
(1) The following provisions apply for the purposes of this Act except where the context otherwise requires.
(2) References to the alteration of school premises include making improvements, extensions or additions to the premises; and “alterations”, in relation to any school premises, shall be construed similarly except that it does not include a significant enlargement of the premises.
(3) References to the enlargement of any school premises include any modification of the school’s existing premises which has the effect of increasing the number of pupils for whom accommodation can be provided.
(4) Subject to section 41(4) and section 266(1), references to a change in the character of a school include, in particular, changes in character resulting from—
(a) education beginning or ceasing to be provided for pupils above or below a particular age, for boys as well as girls or for girls as well as boys, or
(b) the making or alteration of arrangements for the admission of pupils by reference to ability or aptitude.
(5) In relation to a change in the character of a school or an enlargement of school premises, “significant” implies that there is a substantial change in the function or size of the school.
(6) If a question arises whether a change in the character of a county, voluntary or grant-maintained school or an enlargement of its premises would be a significant change or enlargement, that question shall be determined by the Secretary of State.
(1) For the purposes of this Act and any other enactment relating to the duties of a local education authority neither—
(a) references in whatever terms to discontinuing a school (including those to a local authority ceasing to maintain a school), nor
(b) references in whatever terms to establishing a new school,
shall be read as applying by reason only of a change such as is mentioned in subsection (2) being made to an existing school (so that, where such a change is made to an existing school, the school shall be regarded as continuing despite the change and as being the same school before and after it, unless for other reasons it is to be regarded as discontinued).
(2) The changes are—
(a) education beginning or ceasing to be provided for pupils above or below a particular age, for boys as well as girls or for girls as well as boys;
(b) an enlargement or alteration of the school premises; and
(c) the transfer of the school to a new site.
(1) In the provisions to which this section applies—
(a) “contract of employment”,“employee” and “employer” have the same meaning as in the [1996 c. 18.] Employment Rights Act 1996, and
(b) “employed” means employed under a contract of employment.
(2) This section applies to—
(a) the provisions of Chapter VI of Part II relating to schools with delegated budgets;
(b) Parts III and V; and
(c) Schedule 7.
(3) For the purposes of the provisions to which this section applies—
(a) a person employed by a local education authority is to be regarded as employed to work at a school if his employment with the authority for the time being involves work at that school, and
(b) a person employed by a local education authority is to be regarded as employed to work solely at a school if his only employment with the authority (disregarding any employment under a separate contract with the authority) is for the time being at that school.
(4) Subsection (1) also applies for construing references to “employed” in subsection (3).
(5) Nothing in this section affects the construction of any of the expressions defined by this section where they occur in provisions of this Act other than those to which this section applies.
(1) In this Act, unless the context otherwise requires, “parent”, in relation to a child or young person, includes any person—
(a) who is not a parent of his but who has parental responsibility for him, or
(b) who has care of him,
except that in the provisions mentioned in subsection (2) it only includes such a person if he is an individual.
(2) Those provisions are—
(a) sections 78(3), 81(4), 162, 186 to 188, 190, 200, 223, 226 and 228; and
(b) paragraph 7(2) and (7) of Schedule 8, paragraph 7(1) of Schedule 9, Schedule 18, paragraph 8 of Schedule 23 and Schedule 24.
(3) In subsection (1) “parental responsibility” has the same meaning as in the [1989 c. 41.] Children Act 1989.
(4) In determining for the purposes of subsection (1) whether an individual has care of a child or young person, any absence of the child or young person at a hospital or boarding school and any other temporary absence shall be disregarded.
(1) For the purposes of this Act a school maintained by a local education authority serves an area for which there is a minor authority if the area served by the school is—
(a) a parish or community;
(b) an area in England which is not within a parish and is not situated in—
(i) a county for which there is no council, or
(ii) a county in which there are no district councils; or
(c) an area comprising two or more areas each of which falls within paragraph (a) or (b).
(2) Where the area served by the school is a parish, the minor authority in relation to the school is—
(a) the parish council (if there is one), or
(b) the parish meeting (if there is no parish council).
(3) Where the area served by the school is a community, the minor authority in relation to the school is the community council.
(4) Where the area served by the school is an area falling within subsection (1)(b), the minor authority in relation to the school is the district council for the area.
(5) Where the area served by the school is an area falling within subsection (1)(c), the relevant authorities acting jointly are the minor authority in relation to the school.
(6) In subsection (5) “the relevant authorities” means the bodies which, if the two or more constituent areas referred to in subsection (1)(c) were taken separately, would be the minor authorities for those areas.
(7) References in this section to the area served by a school are references to the area appearing to the local education authority to be served by the school.
In this Act “the Education Acts” means this Act together with the following Acts—
the [1962 c. 12.] Education Act 1962;
the [1967 c. 3.] Education Act 1967;
the [1973 c. 16.] Education Act 1973;
the [1980 c. 20.] Education Act 1980;
the [1983 c. 40.] Education (Fees and Awards) Act 1983;
the [1985 c. 47.] Further Education Act 1985 (except sections 4 and 5);
the [1986 c. 40.] Education Act 1986;
the [1986 c. 61.] Education (No. 2) Act 1986;
the [1988 c. 40.] Education Reform Act 1988;
the [1990 c. 6.] Education (Student Loans) Act 1990;
the [1991 c. 49.] School Teachers' Pay and Conditions Act 1991;
the [1992 c. 13.] Further and Higher Education Act 1992;
the [1994 c. 30.] Education Act 1994;
the [1996 c. 9.] Education (Student Loans) Act 1996;
the [1996 c. 50.] Nursery Education and Grant-Maintained Schools Act 1996;
the [1996 c. 57.] School Inspections Act 1996.
(1) In this Act, unless the context otherwise requires—
“the appropriate further education funding council” has the meaning given by section 1(6) of the Further and Higher Education Act 1992;
“boarder” includes a pupil who boards during the week but not at weekends;
“child” means a person who is not over compulsory school age;
“clothing” includes footwear;
“exclude”, in relation to the exclusion of a pupil from a school (otherwise than under section 524), means exclude on disciplinary grounds (and “exclusion” shall be construed accordingly);
“financial year” means a period of twelve months ending with 31st March;
“functions” includes powers and duties;
“governing body” or “governors” (without more), in relation to a voluntary school and any function conferred or imposed by this Act exclusively on the foundation governors of such a school, means the foundation governors of the school;
“head teacher” includes acting head teacher;
“higher education” means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988;
“land” includes buildings and other structures, land covered with water, and any interest in land;
“liability” includes obligation;
“local authority” means a county council, a county borough council, a district council, a London borough council or the Common Council of the City of London;
“the local education authority”—
in relation to a school maintained (or proposed to be maintained) by a local authority, means (in accordance with section 34(1)) that authority; and
in relation to a grant-maintained school, means the local education authority for the area in which the school is situated;
“local government elector” has the meaning given by section 270(1) of the [1972 c. 70.] Local Government Act 1972;
“medical officer”, in relation to a local education authority, means a registered medical practitioner who is employed or engaged (whether regularly or for the purposes of any particular case) by the authority or whose services are made available to the authority by the Secretary of State;
“modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly;
“premises”, in relation to a school, includes any detached playing fields but, except where otherwise expressly provided, does not include a teacher’s dwelling-house;
“prescribed” means prescribed by regulations;
“proprietor”, in relation to a school, means the person or body of persons responsible for the management of the school (so that, in relation to a county, voluntary or grant-maintained school, it means the governing body);
“reception class” means a class in which education is provided which is suitable to the requirements of pupils aged five and any pupils under or over that age whom it is expedient to educate with pupils of that age;
“regulations” means regulations made by the Secretary of State;
“relevant age group”, in relation to a school, means an age group in which pupils are normally admitted (or, as the case may be, will normally be admitted) to the school;
“school buildings”, in relation to a school, means any building or part of a building forming part of the school premises, other than a building or part required only—
as a caretaker’s dwelling,
for use in connection with playing fields,
to afford facilities for enabling the Secretary of State facilities to carry out his functions under section 5(1) or (1A) of, and Schedule 1 to, the [1977 c. 49.] National Health Service Act 1977 (which relate to the provision of medical and dental services for pupils), or
to afford facilities for providing milk, meals or other refreshment for pupils in attendance at the school;
“school day”, in relation to a school, means any day on which at that school there is a school session;
“trust deed”, in relation to a voluntary school, includes any instrument (other than an instrument of government or articles of government made under this Act) regulating the constitution of the school’s governing body or the maintenance, management or conduct of the school;
“young person” means a person over compulsory school age but under the age of 18.
Education Act 1996