Office of Public Sector Information
(1) The Secretary of State shall issue, and may from time to time revise, a code of practice containing such practical guidance as he thinks appropriate with a view to securing effective relationships between local education authorities and the schools maintained by them—
(a) in relation to promoting high standards of education in such schools; and
(b) in relation to the discharge of relevant functions of such authorities in relation to such schools.
(2) In discharging their functions in relation to any maintained school, it shall be the duty of—
(a) the local education authority,
(b) the governing body, and
(c) the head teacher,
to have regard to any relevant provisions of the code.
(3) Section 85 shall apply in relation to the code as it applies in relation to a code of practice under section 84.
(4) The Secretary of State shall publish the code as for the time being in force.
(5) The Secretary of State may under subsection (1) make different provision for England and Wales (whether or not by means of separate codes of practice); and references in this section to “the code” accordingly apply to any such separate code of practice.
(6) For the purposes of this section the relevant functions of a local education authority are the functions exercisable by or on behalf of such an authority under—
(a) sections 6 and 7 (so far as they relate to schools maintained by the authority),
(b) section 15(2),
(c) section 16(1),
(d) section 17(1),
(e) section 42(3) and (4),
(f) sections 54 and 55,
(g) section 62(1),
(h) Schedules 9 and 11 (so far as they relate to the appointment and removal of LEA governors),
(i) Schedule 13,
(j) paragraphs 1 and 2 of Schedule 15,
(k) Schedules 16 and 17, and
(l) section 25 of the [1996 c. 57.] School Inspections Act 1996,
and such other functions exercisable by or on behalf of a local education authority as the Secretary of State may determine for the purposes of this subsection.
(1) For section 18 of the [1996 c. 56.] Education Act 1996 there shall be substituted—
(1) Subject to subsection (2), a local education authority may—
(a) assist any primary or secondary non-maintained school (whether inside or outside their area);
(b) make arrangements for pupils to be provided with primary or secondary education at such schools.
(2) Except in accordance with regulations, a local education authority may not under subsection (1) make any grant or other payment (whether to the proprietor of a school or otherwise) in respect of—
(a) fees or expenses (of whatever nature) which are payable in connection with the attendance of a pupil at a school, or
(b) such other matters as may be prescribed.
(3) Regulations made for the purposes of subsection (2)(a) may provide that, in such circumstances as may be specified in or determined in accordance with the regulations, a local education authority—
(a) shall exercise their power under subsection (1)(b) in relation to a pupil at a non-maintained school so as to pay the whole of—
(i) the fees payable in respect of the education provided for the pupil, and
(ii) if board and lodging are provided for him at the school, the fees payable in respect of the board and lodging, and
(iii) any expenses of a prescribed description which are payable in connection with his attendance at the school; or
(b) may exercise that power in relation to such a pupil so as to pay the whole or part of any fees or expenses falling within all or any of sub-paragraphs (i) to (iii) of paragraph (a) above.
(4) In this section references to non-maintained schools are references to schools which are not maintained by any local education authority.”
(2) In consequence of subsection (1), section 16(1)(c) of the [1996 c. 56.] Education Act 1996 (power of local education authority to assist primary or secondary school not maintained by the authority) shall cease to have effect.
For section 518 of the [1996 c. 56.] Education Act 1996 there shall be substituted—
(1) A local education authority, for the purpose of enabling persons to take advantage of any educational facilities available to them, may in such circumstances as may be specified in or determined in accordance with regulations—
(a) pay such expenses of children attending community, foundation, voluntary or special schools as may be necessary to enable them to take part in any school activities,
(b) grant scholarships, exhibitions, bursaries and other allowances in respect of persons over compulsory school age.
(2) Regulations may make provision—
(a) for requiring a local education authority to make, in relation to each financial year, a determination relating to the extent to which they propose to exercise their power under subsection (1)(b) in that year; and
(b) for authorising an authority to determine not to exercise that power in a financial year—
(i) generally,
(ii) in such cases as may be prescribed, or
(iii) in such cases as may be determined by the authority.”
(1) In section 3(2) of the [1997 c. 59.] Education (Schools) Act 1997 (regulations for purposes of transitional arrangements), after paragraph (f) there shall be added—
“(g) provide for the Secretary of State, in a case where he is satisfied that it is reasonable to do so in view of any particular circumstances relating to a pupil who holds (or has at any time held) an assisted place provided by a school under section 2(1), to authorise another school which is either—
(i) a former participating school, or
(ii) a new school authorised to provide assisted places by virtue of paragraph (f) above,
to provide for the pupil under section 2(1) the assisted place which the first-mentioned school was authorised to provide.”
(2) In section 75A(9A) of the [1980 c. 44.] Education (Scotland) Act 1980 (regulations in connection with assisted places)—
(a) the word “and” immediately preceding paragraph (b) shall be omitted; and
(b) after that paragraph there shall be inserted “; and
(c) provide for the Secretary of State, in a case where he is satisfied that it is reasonable to do so in view of any particular circumstances relating to a pupil who holds (or has, at any time since the beginning of the first term of the 1997-98 school year, held) an assisted place at a school under a scheme operated by virtue of subsection (1) above, to authorise another school which is, or is treated as, a participating school to provide for the pupil under such a scheme the assisted place which the first-mentioned school was authorised to provide.”
(1) For section 548 of the [1996 c. 56.] Education Act 1996 there shall be substituted—
(1) Corporal punishment given by, or on the authority of, a member of staff to a child—
(a) for whom education is provided at any school, or
(b) for whom education is provided, otherwise than at school, under any arrangements made by a local education authority, or
(c) for whom specified nursery education is provided otherwise than at school,
cannot be justified in any proceedings on the ground that it was given in pursuance of a right exercisable by the member of staff by virtue of his position as such.
(2) Subsection (1) applies to corporal punishment so given to a child at any time, whether at the school or other place at which education is provided for the child, or elsewhere.
(3) The following provisions have effect for the purposes of this section.
(4) Any reference to giving corporal punishment to a child is to doing anything for the purpose of punishing that child (whether or not there are other reasons for doing it) which, apart from any justification, would constitute battery.
(5) However, corporal punishment shall not be taken to be given to a child by virtue of anything done for reasons that include averting—
(a) an immediate danger of personal injury to, or
(b) an immediate danger to the property of,
any person (including the child himself).
(6) “Member of staff”, in relation to the child concerned, means—
(a) any person who works as a teacher at the school or other place at which education is provided for the child, or
(b) any other person who (whether in connection with the provision of education for the child or otherwise)—
(i) works at that school or place, or
(ii) otherwise provides his services there (whether or not for payment),
and has lawful control or charge of the child.
(7) “Child” (except in subsection (8)) means a person under the age of 18.
(8) “Specified nursery education” means full-time or part-time education suitable for children who have not attained compulsory school age which is provided—
(a) by a local education authority; or
(b) by any other person—
(i) who is (or is to be) in receipt of financial assistance given by such an authority and whose provision of nursery education is taken into account by the authority in formulating proposals for the purposes of section 120(2)(a) of the School Standards and Framework Act 1998, or
(ii) who is (or is to be) in receipt of grants under section 1 of the [1996 c. 50.] Nursery Education and Grant-Maintained Schools Act 1996; or
(c) (otherwise than as mentioned in paragraph (a) or (b)) in any educational institution which would fall within section 4(1) above (definition of “school”) but for the fact that it provides part-time, rather than full-time, primary education.”
(2) The following provisions of the [1996 c. 56.] Education Act 1996, namely—
(a) section 549 (interpretation of section 548), and
(b) section 550 (no avoidance of section 548 by refusing admission to school etc.),
shall cease to have effect.
(1) The Funding Agency for Schools shall be dissolved on such date as the Secretary of State may by order specify (“the dissolution date”).
(2) Prior to their dissolution the Agency shall—
(a) prepare, and submit to the Secretary of State for his approval, a plan for the disposal of property of the Agency to persons other than the Secretary of State; and
(b) once the plan is approved by the Secretary of State, make arrangements for the disposal of the property in question in accordance with the plan.
(3) The Agency shall use their best endeavours to secure that any functions remaining to be discharged by them at any time after the commencement of this section are discharged by such date or dates falling before the dissolution date as the Secretary of State may determine.
(4) Section 24 of the [1996 c. 56.] Education Act 1996 (directions by Secretary of State) applies to functions of the Agency under this section; and paragraph 15 of Schedule 2 to that Act (accounts) shall have effect for the purposes of subsection (3) above subject to such modifications as the Secretary of State may determine.
(5) Any property, rights and liabilities to which the Agency are entitled or subject immediately before the dissolution date (whether or not capable of being transferred or assigned by the Agency) shall by virtue of this section become property, rights and liabilities of the Secretary of State on that date.
(6) Any legal proceedings to which the Agency are a party immediately before the dissolution date may be continued on or after that date by or in relation to the Secretary of State.
(7) Every agreement (whether written or not), and every instrument or other document, which relates to any property, right or liability of the Agency to which subsection (5) applies shall have effect, so far as may be required for continuing its effect on or after the dissolution date, as if—
(a) where the Agency is a party to it, the Secretary of State were substituted as that party,
(b) for any reference to the Agency there were substituted a reference to the Secretary of State,
(c) for any reference (however worded and whether express or implied) to the chairman, the chief officer or any member of the Agency there were substituted a reference to such officer or officers as the Secretary of State may appoint for the purpose, and
(d) for any reference to the office or place of business of the Agency there were substituted a reference to the principal office of the Secretary of State.
Section 21 of the [1996 c. 56.] Education Act 1996 (which confers on the Secretary of State a power, so far unexercised, to establish the Schools Funding Council for Wales) shall cease to have effect.
(1) After section 42 of the [1996 c. 57.] School Inspections Act 1996 there shall be inserted—
(1) The Chief Inspector may in the case of—
(a) any report by a member of the Inspectorate of an inspection carried out by him under any provision of this Act (whether the report is required by any such provision or is otherwise made in pursuance of his functions under that provision), or
(b) any report of an inspection under section 10 (other than one made by a member of the Inspectorate),
arrange for the report to be published in such manner as the Chief Inspector considers appropriate.
(2) Without prejudice to the generality of—
(a) section 2(7)(c) or 5(7)(c), or
(b) subsection (1) above,
the Chief Inspector may arrange for a report to which that provision applies to be published by electronic means.
(3) For the purposes of the law of defamation any report published by the Chief Inspector under any of those provisions shall be privileged unless the publication is shown to be made with malice.
(4) Nothing in subsection (3) shall be construed as limiting any privilege subsisting apart from that subsection.”
(2) In Schedule 1 to the [1996 c. 50.] Nursery Education and Grant-Maintained Schools Act 1996 (inspections of nursery education), at the end of paragraph 13 (reports of inspections) there shall be added—
“(3) Section 42A(2) to (4) of the [1996 c. 57.] School Inspections Act 1996 shall apply in relation to the publication of any such report as they apply in relation to the publication of a report under any of the provisions mentioned in section 42A(2).”
(3) In section 39 of the [1997 c. 44.] Education Act 1997 (reports of inspections of local education authorities), at the end of subsection (4) (publication of such reports) there shall be added “; and section 42A(2) to (4) of the School Inspections Act 1996 shall apply in relation to the publication of any such report as they apply in relation to the publication of a report under any of the provisions mentioned in section 42A(2).”
Schedule 28 (which contains amendments relating to inspections under the [1996 c. 57.] School Inspections Act 1996 and the [1996 c. 50.] Nursery Education and Grant-Maintained Schools Act 1996) shall have effect.
(1) The Education Assets Board shall be known instead as the Education Transfer Council.
(2) For any reference to the Education Assets Board—
(a) in any statutory provision (other than this section), or
(b) in any instrument or document,
there shall be substituted, as respects any time after the commencement of this section, a reference to the Education Transfer Council.
(3) The Secretary of State may by order specify a different name by which the Council are to be known; and an order under this section may make such provision as appears to the Secretary of State to be necessary or expedient in consequence of the change of name effected by the order (including provision for amending statutory provisions).
(1) Schedule 29 (which amends section 198 of, and Schedule 10 to, the [1988 c. 40.] Education Reform Act 1988, which relate to the functions of the Education Transfer Council) shall have effect.
(2) The Secretary of State may by order make such further amendments of those provisions of that Act as he considers expedient.
(3) Regulations may make provision—
(a) for the dissolution of the Education Transfer Council by order of the Secretary of State and for enabling him to determine how any property, rights and liabilities of the Council are to be dealt with in connection with their dissolution;
(b) for the subsequent establishment of a new body with such name as may be prescribed and constituted in the same manner as, or similarly to, the Council;
(c) for dealing with transfers of property, rights and liabilities under this Act or under the [1988 c. 40.] Education Reform Act 1988 at a time when the Council has been dissolved and either—
(i) a body has been subsequently established under paragraph (b), or
(ii) no such body has been so established.
(4) Regulations under subsection (3) may, in connection with any matters falling within paragraph (b) or (c) of that subsection—
(a) modify any of the provisions of section 197 or 198 of, or Schedule 8 or 10 to, the [1988 c. 40.] Education Reform Act 1988;
(b) apply any of those provisions with or without modifications;
(c) make provision corresponding or similar to any of those provisions.
(1) Subject to subsection (2), any power of the Secretary of State to make an order or regulations under this Act shall be exercised by statutory instrument.
(2) Subsection (1) does not apply to any order under—
(a) section 11(5), 20(5), 21(8), 73, 82, 111(3)(a) or 142(1); or
(b) paragraph 5 of Schedule 5, paragraph 2 or 3 of Schedule 7, paragraph 3(5) or 4 of Schedule 10, paragraph 1 of Schedule 14, paragraph 10 of Schedule 21, paragraph 4(2) or 7(3)(c) of Schedule 22 or paragraph 5(3) of Schedule 32.
(3) Subject to subsections (4) and (5), a statutory instrument containing any order or regulations under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) Subsection (3) does not apply to any order under—
(a) section 20(7), 69(3), 85(5), 104, 110(10) or 145; or
(b) paragraph 4 or 8 of Schedule 23 or paragraph 1 of Schedule 32.
(5) Subsection (3) also does not apply to—
(a) any order under—
(i) section 1(5),
(ii) paragraph 18 of Schedule 18, or
(iii) paragraph 17 of Schedule 24 or paragraph 14 of Schedule 25; or
(b) the first regulations to be made under—
(i) section 38(3) or 39(1),
(ii) section 46, 47 or 48(1), or
(iii) section 105 or 108(2);
and no such order or regulations shall be made (whether alone or with other provisions) unless a draft of the statutory instrument containing the order or regulations has been laid before, and approved by a resolution of, each House of Parliament.
(6) If a draft of the statutory instrument containing any such regulations under section 105 would, apart from this subsection, be treated for the purposes of the Standing Orders of either House of Parliament as a hybrid instrument, it shall proceed in that House as if it were not such an instrument.
(7) Any order or 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.
(8) Any order or regulations under this Act may make different provision in relation to England and Wales respectively.
(9) Nothing in this Act shall be read as affecting the generality of subsection (7).
(1) There shall be paid out of money provided by Parliament—
(a) any sums required for the making by the Secretary of State of grants or loans under this Act;
(b) any other expenses of the Secretary of State under this Act; and
(c) any increase attributable to this Act in the sums so payable by virtue of any other Act.
(2) There shall be paid into the Consolidated Fund—
(a) any sums received by the Secretary of State under or by virtue of this Act; and
(b) any fees received by Her Majesty’s Chief Inspector of Schools in England, or Her Majesty’s Chief Inspector of Schools in Wales, under Schedule 26.
(1) The minor and consequential amendments set out in Schedule 30 shall have effect.
(2) Unless the context otherwise requires, any reference in any enactment amended by this Act—
(a) to a maintained school, or
(b) to a community, foundation or voluntary school or a community or foundation special school,
is a reference to such a school within the meaning of this Act.
(3) The enactments specified in Schedule 31 (which include certain spent enactments) are repealed to the extent specified.
(4) Any articles of government of a school which are in force under the [1996 c. 56.] Education Act 1996 immediately before the appointed day shall cease to have effect on that day.
(1) For the purposes of this Act a maintained school serves an area for which there are one or more minor authorities 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—
(a) the parish council (if there is one), or
(b) the parish meeting (if there is no parish council),
is the minor authority in relation to the school.
(3) Where the area served by the school is a community, the community council is the minor authority in relation to the school.
(4) Where the area served by the school is an area falling within subsection (1)(b), any district council for the whole or part of the area is a minor authority in relation to the school.
(5) Where the area served by the school is an area falling within subsection (1)(c), each of the relevant authorities is a 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 minor authorities in relation to the school.
(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.
(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 [1992 c. 13.] Further and Higher Education Act 1992;
“Church in Wales school” means a school in the Province of Wales in relation to which the religion or religious denomination specified under section 69(4) is “Church in Wales” and “appropriate diocesan authority”, in relation to such a school, means the Diocesan Board of Finance for the diocese of the Church in Wales in which the school is situated or such other person as the Secretary of State may by order designate in respect of that diocese;
“Church of England school” means a school in the Province of Canterbury or York in relation to which the religion or religious denomination specified under section 69(4) is “Church of England” and “appropriate diocesan authority”, in relation to such a school, means the Diocesan Board of Education for the diocese of the Church of England in which the school is situated;
“community or foundation special school” means a community special school or a foundation special school;
“contract of employment”, “employee” and “employer” have the same meaning as in the [1996 c. 18.] Employment Rights Act 1996;
“employment” (except in section 92(4)) means employment under a contract of employment, and “employed” shall be construed accordingly;
“maintained school” (except in Part III) has the meaning given by section 20(7);
“prescribed” means prescribed by regulations;
“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 under this Act;
“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;
“Roman Catholic Church school” means a school in relation to which the religion or religious denomination specified under section 69(4) is “Roman Catholic” and “appropriate diocesan authority”, in relation to such a school, means the bishop of the Roman Catholic diocese in which the school is situated;
“school maintained by a local education authority”, in relation to any time on or after the appointed day, means a community, foundation or voluntary school, a community or foundation special school, a maintained nursery school or a pupil referral unit;
“statutory provision” means a provision contained in an Act or in subordinate legislation within the meaning of the [1978 c. 30.] Interpretation Act 1978.
(2) Before making an order in respect of any diocese in Wales in exercise of the power conferred by the definition of “appropriate diocesan authority” the Secretary of State shall consult the bishop for the diocese.
(3) Any reference in this Act to the religion or religious denomination specified in relation to a school under section 69(4) shall be construed, in a case where more than one religion or religious denomination is so specified, as including a reference to any of those religions or religious denominations.
(4) As a result of subsection (3), subsection (1) has the effect that a school may, for example, be both a Church of England school and a Roman Catholic Church school and so have a different appropriate diocesan authority in each of those capacities; and, in the case of a school with two appropriate diocesan authorities, any reference in this Act to “the appropriate diocesan authority” is—
(a) in relation to anything required to be done by or in relation to that authority, a reference to both of the authorities concerned; or
(b) in relation to anything authorised to be done by or in relation to that authority, a reference to either or both of the authorities concerned (or, in the context of section 16(6) or (8), to both of them acting together).
School Standards and Framework Act 1998