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PART X continued CHAPTER VI continued
(2) References in this Act to an interest in land include any easement, right or charge in, to or over land.
(3) For the purposes of this Act children are to be regarded as admitted to a school for nursery education if they are or are to be placed on admission in a nursery class.
(4) For the purposes of this Act a person shall be treated as belonging, or as not belonging, to the area of a particular local education authority in accordance with regulations; and any question under the regulations shall, in the case of a dispute, be determined by the Secretary of State.
(5) For the purposes of this Act a school shall be regarded as “assisted” by a local education authority who do not maintain it if the authority make to its proprietor any grant in respect of the school or any payment in consideration of the provision of educational facilities there.
(6) Subject to subsection (7), an institution other than a school shall be regarded for the purposes of this Act as “assisted” by a local education authority if the authority make to the persons responsible for its maintenance any grant in respect of the institution or any payment in consideration of the provision of educational facilities there.
(7) Neither—
(a) a university, nor
(b) any institution within the further education sector or within the higher education sector other than a university,
shall be regarded for the purposes of this Act as “assisted” by a local education authority by virtue of the making by the authority to the persons responsible for the maintenance of the university or institution of any grant or payment such as is mentioned in subsection (6).
The expressions listed in the left-hand column below are defined by, or (as the case may be) are to be interpreted in accordance with, the provisions of this Act listed in the right-hand column in relation to those expressions.
| Expression | Relevant provision |
|---|---|
| admission authority (in Chapter I of Part VI) | section 415 |
| admitted to a school for nursery education | section 579(3) |
| aggregated budget (in Part II) | sections 101(3) and 105 |
| agreed syllabus | section 375(2) and (4) |
| aided school | section 32(1) and (3) |
| allocation formula (in Part II) | section 106(2) |
| alteration (of school premises) and alterations (in relation to such premises) | section 573(2) |
| annual parents' meeting (in Chapter VI of Part II) | section 162(1) |
| appropriate diocesan authority (in Part III in relation to a Church of England, Church in Wales or Roman Catholic Church school) | section 311(1) |
| appropriate further education funding council | section 579(1) |
| area (of a local education authority) | section 12(6) |
| articles of government | |
| (in relation to a county, voluntary or maintained special school) | section 127(1) |
| (in relation to a grant-maintained school) | section 218(1) |
| (in relation to a grant-maintained special school) | paragraph 1 of Schedule 28 |
| (in relation to a group of grant-maintained schools) | section 280(2) |
| assess (in Part V) | section 350(2) |
| assessment arrangements (in Part V) | section 353 |
| assisted (in relation to a school or other institution) | section 579(5) to (7) |
| assisted places scheme (in Part VII) | section 479(1) |
| attainment targets (in Part V) | section 353 |
| authority responsible for election arrangements (in Chapter V of Part III) | section 243(2) |
| belonging to the area of a local education authority (in relation to a person) | section 579(4) |
| boarder | section 579(1) |
| budget share (in Part II) | section 101(3) and (6) |
| capital grant (in relation to grant-maintained schools) | section 246(1) (or section 252) |
| cease to maintain (in relation to a school) | section 574 |
| the chairmen’s panel (in Part IV) | section 333(2) |
| change in character (in relation to a school) | section 573(4) |
| character (of a school) (in Part III) | section 311(4) |
| child | |
| (generally) | section 579(1) |
| (in Part IV) | section 312(5) |
| child for whom a local education authority are responsible (in Part IV) | section 321(3) |
| Church in Wales school | section 311(1) |
| Church of England school | section 311(1) |
| city college for the technology of the arts | section 482(3) |
| city technology college | section 482(3) |
| clothing | section 579(1) |
| commencement of this Act | section 583(2) |
| compulsory school age | section 8 (or paragraph 1 of Schedule 40) |
| contract of employment (in relation to provisions specified in section 575(2)) | section 575(1) |
| controlled school | section 32(1) and (2) |
| co-opted governor (in relation to a county, voluntary or maintained special school) | section 78(1) |
| core governor | section 285 and Schedule 25 |
| county school | section 31(1) |
| date of implementation | |
| (in Part III in relation to proposals for acquisition of grant-maintained status) | section 200(2) |
| (in Part III in relation to a new grant-maintained school) | section 217 |
| date of publication of proposals (in Part III in relation to proposals under that Part) | section 311(6) |
| delegation requirement (in Part II) | section 107(2) |
| discontinue (in relation to a school) | section 574 |
| disposal of premises (in sections 297 to 300) | section 301(3) |
| dissolution date (in sections 274 to 279) | section 274(6) |
| the Education Acts | section 578 |
| eligible for grant-maintained status (in Part III) | section 184 |
| eligible governor (in Part III) | paragraph 4 of Schedule 24 |
| eligible to vote in a ballot held in accordance with section 189 (in Chapter II of Part III) | section 190(1) |
| employed, employee, employer (in relation to provisions specified in section 575(2)) | section 575(1) |
| employed to work, or to work solely, at a school (in relation to provisions specified in section 575(2)) | section 575(3) |
| employee (in sections 469 to 473) | section 469(6) |
| enlargement (in relation to school premises) | section 573(3) |
| establish (in relation to a new school) | section 574 |
| examination requirement (in Chapter III of Part VI) | section 462(1) |
| exclude, exclusion (except in section 524) | section 579(1) |
| financial year | section 579(1) |
| first governor (in relation to a grant-maintained school) | paragraphs 7 and 12 of Schedule 24 |
| foundation governor | |
| (in relation to a voluntary school) | section 78(2) |
| (in relation to a grant-maintained school) | paragraphs 8 and 13 of Schedule 24 |
| foundation subjects | section 354(1) and (2) |
| functions | section 579(1) |
| funding authority | section 26 |
| further education | section 2(3) to (5) |
| general schools budget (in Part II) | section 101(3) |
| governing body, governor | |
| (in Chapters IV to VI of Part II) | section 182 |
| (in relation to a school grouped for purposes of Chapter IV of Part II) | section 89(6) |
| (in relation to a voluntary school and functions of foundation governors) | section 579(1) |
| governing body in liquidation (in sections 274 to 279) | section 274(3) |
| governor of an elected category (in Part III) | paragraph 3 of Schedule 24 |
| governors' report (in Chapter VI of Part II) | section 161(1) |
| grant-maintained school | |
| (generally) | section 183(1) |
| (in sections 500 to 504) | section 505(8) |
| grant-maintained school formerly conducted by a governing body in liquidation (in sections 274 to 279) | section 274(5) |
| grant-maintained special school | sections 337(4) and 346(3) |
| grant regulations (in Chapter VI of Part III) | section 244(2) |
| grants for education support and training | section 484(1) |
| group (of schools) | |
| (in Part II) | section 89(5) |
| (in Chapter IX of Part III) | section 280(7) |
| head teacher | |
| (generally) | section 579(1) |
| (in relation to a county, voluntary or maintained special school organised into separate departments) | section 132 |
| higher education | section 579(1) |
| incorporation date | |
| (in Chapter II of Part III) | section 200(5) |
| (in Chapter IV of Part III) | section 217 |
| (in Part IV) | section 345(3) |
| independent school | section 463 |
| initial governor (in Part III) | paragraph 2 of Schedule 24 |
| institution outside (or within) the further education sector | section 4(3) |
| institution outside (or within) the higher education sector | section 4(4) |
| instrument of government | |
| (in relation to a county, voluntary or maintained special school) | section 76(1) |
| (in relation to a grant-maintained school) | section 218(1) |
| (in relation to a grant-maintained special school) | paragraph 1 of Schedule 28 |
| (in relation to a group of grant-maintained schools) | section 280(2) |
| interest in land | section 579(2) |
| junior pupil | section 3(2) |
| key stage | section 355(1) |
| land | section 579(1) |
| the lay panel (in Part IV) | section 333(2) |
| learning difficulty | section 312(2) and (3) |
| liability | section 579(1) |
| local authority | section 579(1) |
| local education authority | section 12(1) to (5) |
| the local education authority | |
| (generally) | section 579(1) |
| (in relation to a scheme under Part II) | section 101(2) |
| local government elector | |
| (generally) | section 579(1) |
| (in Part III in relation to an area) | section 311(7) |
| maintain (in relation to a school maintained by a local education authority) | section 34 |
| maintained school | |
| (in Part IV) | section 312(5) |
| (in Part V) | section 350(1) |
| (in Chapter II of Part VI) | section 437(8) |
| (in Chapter III of Part VI) | section 449 |
| (in sections 500 to 504) | section 505(8) |
| maintained nursery school | sections 6(1) and 33(1) |
| maintained special school | sections 6(2), 33(1) and 337(3) |
| maintenance grant (in relation to grant-maintained schools) | section 244(1) (or section 250(1)) |
| medical officer (in relation to a local education authority) | section 579(1) |
| minor authority | section 577 |
| middle school | section 5(3) |
| modifications, modify | section 579(1) |
| the National Curriculum | sections 352(1) and 353 |
| new governing body (in Part III) | section 195(2) |
| new school (in Part II) | section 181(1) |
| nursery school | section 6(1) |
| optional extra (in Chapter III of Part VI) | section 455(3) |
| parent | section 576 |
| parent governor | |
| (in relation to a county, voluntary or maintained special school) | section 78(3) |
| (in relation to a grant-maintained school) | paragraphs 5 and 10 of Schedule 24 |
| participating school (in Part VII) | section 479(2) |
| participation agreement (in Part VII) | section 479(2) |
| pending | |
| (in Part III in relation to proposals published under section 193) | section 193(4) |
| (in Chapter III of Part III in relation to the procedure for acquisition of grant-maintained status) | section 203(1) |
| powers to make proposals for the alteration of their school (in sections 500 to 504 in relation to the governing body of a voluntary school) | section 505(7) |
| powers to make proposals for the establishment, alteration or discontinuance of schools (in sections 500 to 504) | section 505(8) |
| premises | |
| (in relation to a school) | section 579(1) |
| (in Part III) | section 311(1) |
| prescribed | section 579(1) |
| the President (in Part IV) | section 333(2) |
| primary education | section 2(1) |
| primary school | section 5(1) |
| programmes of study (in Part V) | section 353 |
| proceeds of disposal (in sections 297 to 300) | section 301(3) |
| procedure applicable under Chapter IV of Part II (in Chapter V of Part III) | section 243(3) |
| promoters (in Part III) | section 212(1) |
| proposals (in Chapter VII of Part III) | section 266(2) |
| proposals for acquisition of grant-maintained status (in Part III) | section 183(2) |
| proposals for the establishment of a new grant-maintained school (in Part III) | section 183(2) |
| proprietor (in relation to a school) | section 579(1) |
| prospectively disqualified (in Chapter V of Part III) | section 243(4) |
| provisionally registered school (in Part VII) | section 465(4) |
| pupil | sections 3(1) and 19(5) |
| reception class | section 579(1) |
| register, registration (in Part VII in relation to independent schools) | section 464(4) |
| registered (in relation to parents or pupils) | section 434(5) |
| registered school (in Part VII) | section 465(4) |
| Registrar of Independent Schools (or the Registrar in Part VII) | section 464(4) |
| regulations | section 579(1) |
| relevant age group | section 579(1) |
| relevant education (in relation to an order under section 27(1)) | section 27(7) |
| relevant particulars (in relation to a proposed initial governor of a grant-maintained school) | section 200(4) |
| relevant proposals (in Part II) | section 181(2) |
| relevant standard number (in Chapter I of Part VI) | section 411(7) |
| required to be covered by a scheme (in Part II in relation to a school) | section 102 |
| reserved teacher (in Chapter VI of Part II in relation to a controlled school) | section 143(2) |
| reserved teacher (in Chapter VI of Part II in relation to a special agreement school) | section 144(1) |
| residential trip (in Chapter III of Part VI) | section 462(2) |
| responsible for a child (in Part IV in relation to a local education authority) | section 321(3) |
| right to a delegated budget (in Part II) | section 115(a) |
| Roman Catholic Church school | section 311(1) |
| scheme (in Part II) | section 101(1) |
| school | section 4(1) and (2) |
| school in respect of which financial delegation is required (in Part II) | section 115 |
| school which has a delegated budget (in Part II) | section 115 |
| school attendance order | section 437(3) |
| school buildings | section 579(1) |
| school day | section 579(1) |
| school property (in sections 274 to 279) | section 274(4) |
| secondary education | section 2(2) and (5) |
| secondary school | section 5(2) |
| section 67 loan liabilities (in sections 274 to 279) | section 274(7) |
| senior pupil | section 3(2) |
| sex education | section 352(3) |
| significant (in relation to a change in character or enlargement of premises of a school) | section 573(5) |
| special agreement | section 32(5) |
| special agreement school | section 32(1) and (4) |
| special educational needs | section 312(1) |
| special educational provision | section 312(4) |
| special purpose grant (in relation to grant-maintained schools) | section 245(1) (or section 251) |
| special school | sections 6(2) and 337 |
| sponsor governor (in Part III) | paragraphs 9 and 14 of Schedule 24 |
| suitable education (in Chapter II of Part VI) | section 437(8) |
| teacher governor | |
| (in relation to a county, voluntary or maintained special school) | section 78(4) |
| (in relation to a grant-maintained school) | paragraphs 6 and 11 of Schedule 24 |
| temporary governing body, temporary governor (in Part II) | section 181(3) |
| time of publication of proposals (in Part III in relation to proposals under that Part) | section 311(6) |
| the Tribunal (in Part IV) | section 313(5) |
| trust deed (in relation to a voluntary school) | section 579(1) |
| trustees of the school (in sections 296 to 300) | section 301(2) |
| voluntary school | sections 31(2) and 32 |
| young person | section 579(1) |
This Act shall apply to the Isles of Scilly—
(a) as if the Isles were a separate non-metropolitan county (and the Council of the Isles of Scilly were accordingly a county council), and
(b) subject to such other modifications as are specified in an order made by the Secretary of State.
(1) The enactments specified in Schedule 37 are amended in accordance with that Schedule, the amendments being consequential on the provisions of this Act.
(2) The enactments and instruments specified in Schedule 38 are repealed or revoked to the extent specified.
(3) The transitional and saving provisions contained in Schedule 39 shall have effect.
(4) The transitory provisions contained in Schedule 40 shall have effect.
(1) This Act may be cited as the Education Act 1996.
(2) Subject to subsection (3), this Act shall come into force on 1st November 1996 (and references to the commencement of this Act are to its coming into force on that date).
(3) The following provisions—
section 8,
section 317(6),
section 348,
section 528,
Part II of Schedule 37 and section 582(1) so far as relating thereto, and
Part II of Schedule 38 and section 582(2) so far as relating thereto,
shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different provisions and for different purposes.
(4) The Secretary of State may by order make such incidental, supplemental, saving or transitional provision as he thinks fit in connection with the coming into force in accordance with subsection (2) of any provision of this Act reproducing the effect of a provision of the [1993 c. 35.] Education Act 1993 which has not previously been brought into force by an order under section 308(3) of that Act (commencement).
(5) Where an order under subsection (3) brings into force any provision of section 317(6) or 528, then in relation to the coming into force of that provision—
(a) section 568(5) and (6) shall not apply to the order, but
(b) the order may make such provision as is authorised to be made, by virtue of section 67(2) and (3) of the [1995 c. 50.] Disability Discrimination Act 1995 (regulations and orders), by an order under section 70(3) of that Act (commencement).
(6) Subject to subsections (7) and (8), this Act extends to England and Wales only.
(7) This section, section 493 and section 569 so far as relating to regulations under section 493 extend also to Scotland; and this section extends also to Northern Ireland.
(8) Section 582 and Schedules 37 to 40 have the same extent as the enactments to which they relate.
Education Act 1996