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Education Act 1996

Type Public General Act

Publication 1996-07-24

Last updated 2026-08-18

State In force

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(b) the manner in which the information contained in it is to be presented; or

(3) The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament.

Documents

21

The application of the seal of the Authority shall be authenticated by the signature—

(a) of the chairman or some other person authorised either generally or specially by the Authority to act for that purpose, and

(b) of one other member.

22

Any document purporting to be an instrument made or issued by or on behalf of the Authority and to be duly executed by a person authorised by the Authority in that behalf, shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

SCHEDULE 30

Status

1

The Authority shall not be regarded as a servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the Authority’s property shall not be regarded as property of, or property held on behalf of, the Crown.

Powers

2

(1) The Authority may do anything which is calculated to facilitate, or is incidental or conducive to, the carrying out of any of their functions.

(2) In particular, the Authority may—

(a) acquire or dispose of land or other property,

(b) enter into contracts,

(d) invest any sums not immediately required for the purpose of carrying out their functions,

(e) accept gifts of money, land or other property, and

(f) borrow money.

3

(1) The Authority may also give to any person or body (whether or not in the United Kingdom) such assistance, other than financial assistance, as they may determine.

(2) Assistance may be provided on such terms and subject to such conditions (if any) as the Authority may determine.

(3) In particular, assistance may be provided free of charge or on such terms as to payment as the Authority may determine.

(4) The consent of the Secretary of State is required for the exercise of any power conferred by this paragraph.

Chief officer

4

(1) The Authority shall have a chief officer who shall be appointed—

(a) in the case of a person who is also chairman of the Authority, by the Secretary of State, and

(b) in any other case, by the Authority with the approval of the Secretary of State.

(2) The appointment of the chief officer shall be on such terms and conditions as the Secretary of State, or (as the case may be) the Authority with the approval of the Secretary of State, may determine.

(3) No member of the Authority other than the chairman shall be appointed as chief officer.

Tenure of office

5

(1) A person shall hold and vacate office as a member or as chairman or deputy chairman of the Authority in accordance with the terms of his appointment and shall, on ceasing to be a member, be eligible for re-appointment.

(2) A person may at any time by notice in writing to the Secretary of State resign his office as a member or as chairman or deputy chairman of the Authority.

6

The Secretary of State may, if satisfied that a member of the Authority—

(a) has been absent from meetings of the Authority for a continuous period of more than six months without the permission of the Authority, or

(b) is unable or unfit to discharge the functions of a member,

remove him from office by giving him notice in writing and thereupon the office shall become vacant.

7

If the chairman or deputy chairman of the Authority ceases to be a member of the Authority, he shall also cease to be chairman or deputy chairman.

Payments to members

8

(1) The Authority shall pay to their members such salaries or fees, and such travelling, subsistence or other allowances, as the Secretary of State may determine.

(2) The Authority shall, as regards any member in whose case the Secretary of State may so determine, pay, or make provision for the payment of, such sums by way of pension, allowances and gratuities to or in respect of him as the Secretary of State may determine.

(3) If a person ceases to be a member of the Authority and it appears to the Secretary of State that there are special circumstances which make it right that he should receive compensation, the Secretary of State may direct the Authority to make to that person a payment of such amount as the Secretary of State may determine.

(4) A determination or direction of the Secretary of State under this paragraph requires the approval of the Treasury.

Staff

9

Subject to the approval of the Secretary of State, given with the consent of the Treasury, the Authority—

(a) may appoint such number of employees, on such terms and conditions, as they may determine; and

(b) shall pay to their employees such remuneration and allowances as they may determine.

10

(1) Employment with the Authority shall continue to be included among the kinds of employment to which a scheme under section 1 of the Superannuation Act 1972 can apply.

(2) The Authority shall pay to the Treasury, at such times as the Treasury may direct, such sums as the Treasury may determine in respect of the increase attributable to this paragraph in the sums payable under the Superannuation Act 1972 out of money provided by Parliament.

(3) Where an employee of the Authority is (by reference to that employment) a participant in a scheme under section 1 of that Act and is also a member of the Authority, the Treasury may determine that his service as such a member shall be treated for the purposes of the scheme as service as an employee of the Authority (whether or not any benefits are payable to or in respect of him by virtue of paragraph 8).

Finance

11

(1) The Secretary of State may make grants to the Authority of such amount as he thinks fit in respect of expenses incurred or to be incurred by the Authority in carrying out their functions.

(2) The payment of grant under this paragraph shall be subject to the fulfilment of such conditions as the Secretary of State may determine.

(3) The Secretary of State may also impose such requirements as he thinks fit in connection with the payment of grant under this paragraph.

Committees

12

(1) The Authority may establish a committee for any purpose.

(2) The Authority shall determine the number of members which a committee established under this paragraph shall have, and the terms on which they are to hold and vacate office.

(3) A committee may include persons who are not members of the Authority.

(4) The Authority shall keep under review the structure of committees established under this paragraph and the scope of each committee’s activities.

Delegation of functions

13

The Authority may authorise the chairman, the deputy chairman, the chief officer or any committee established under paragraph 12 to carry out such of the Authority’s functions as the Authority may determine.

Proceedings

14

(1) The chairman of the School Curriculum and Assessment Authority, or a representative of his, shall be entitled to attend and take part in deliberations (but not in decisions) at meetings of the Authority or of any committee of the Authority.

(2) The Authority shall provide the chairman of the School Curriculum and Assessment Authority with such copies of any documents distributed to members of the Authority or of any such committee as he may require.

15

The validity of the Authority’s proceedings shall not be affected by a vacancy among the members or any defect in the appointment of a member.

16

Subject to the preceding provisions of this Schedule, the Authority may regulate their own procedure and that of any of their committees.

Accounts

17

(1) The Authority shall—

(a) keep proper accounts and proper records in relation to the accounts;

(b) prepare a statement of accounts in respect of each financial year of the Authority; and

(c) send copies of the statement to the Secretary of State and to the Comptroller and Auditor General before the end of the month of August next following the financial year to which the statement relates.

(2) The statement of accounts shall comply with any directions given by the Secretary of State with the approval of the Treasury as to—

(a) the information to be contained in it;

(b) the manner in which the information contained in it is to be presented; or

(3) The Comptroller and Auditor General shall examine, certify and report on each statement received by him in pursuance of this paragraph and shall lay copies of each statement and of his report before each House of Parliament.

Documents

18

The application of the Authority’s seal shall be authenticated by the signature of the chairman or deputy chairman and that of one other member.

19

Any document purporting to be an instrument made or issued by or on behalf of the Authority and to be—

(a) duly executed under the Authority’s seal, or

(b) signed or executed by a person authorised by the Authority to act in that behalf,

shall be received in evidence and be treated, without further proof, as being so made or issued unless the contrary is shown.

SCHEDULE 31 — Agreed syllabuses of religious education

Duty to convene conference to reconsider agreed syllabus

1

(1) Where the agreed syllabus for the time being adopted by a local authority was adopted by them on or after 29th September 1988 but before 1st April 1994, they shall, within the period of five years beginning with the date on which they adopted the syllabus, convene a conference for the purpose of reconsidering the syllabus.

(2) Sub-paragraph (1) does not apply where the authority have already convened such a conference on or after 1st April 1994 in pursuance of paragraph 12(3) of Schedule 5 to the Education Act 1944.

2

(1) A local authority shall from time to time cause further conferences to be convened for the purpose of reconsidering any agreed syllabus for the time being adopted by them (whether adopted before, on or after 1st April 1994).

(2) No such conference shall be convened later than the end of the period of five years beginning with the date (falling after 31st March 1994) on which—

(a) the authority adopted the syllabus, or

(b) the authority gave effect to a recommendation under paragraph 10(2) below (or under paragraph 13 of Schedule 5 to the Education Act 1944) that the syllabus should continue to be the agreed syllabus.

3

On receipt by a local authority of written notification of any such requirement as is mentioned in section 391(3), the authority shall cause a conference to be convened for the purpose of reconsidering any agreed syllabus to which the requirement relates.

Constitution of conference

4

(1) A conference convened under this Schedule shall consist of such groups of persons (“committees”) appointed by the local authority which convenes the conference as are required by sub-paragraph (2).

(2) Those committees are—

(a) a committee of persons representing such Christian denominations and other religions and denominations of such religions as, in the opinion of the authority, will appropriately reflect the principal religious traditions in the area;

(b) except in the case of an area in Wales, a committee of persons representing the Church of England;

(c) a committee of persons representing such associations representing teachers as, in the opinion of the authority, ought to be represented, having regard to the circumstances of the area; and

(d) a committee of persons representing the authority.

(3) Where a committee is required to be appointed by virtue of sub-paragraph (2)(b), the committee required to be appointed by virtue of sub-paragraph (2)(a) shall not include persons appointed to represent the Church of England.

(4) The number of persons appointed under sub-paragraph (2)(a) to represent each denomination or religion required to be represented shall, so far as is consistent with the efficient discharge of the committee’s functions, reflect broadly the proportionate strength of that denomination or religion in the area.

5

Any sub-committees appointed by the conference shall each include at least one member of each of the committees constituting the conference.

6

On any question to be decided by the conference or by any sub-committee of the conference, a single vote shall be given for each of the committees constituting the conference.

7

(1) Before appointing a person to represent any religion, denomination or associations as a member of a committee, the local authority shall take all reasonable steps to assure themselves that he is representative of the religion, denomination or associations in question.

(2) No proceedings under this Schedule shall be invalidated on the ground that a member of a committee did not represent the religion, denomination or associations which he was appointed to represent, unless it is shown that the authority failed to take the steps required by sub-paragraph (1).

8

A person appointed as a member of a committee—

(a) may resign his membership, or

(b) may be withdrawn from membership by the local authority if, in their opinion, he ceases to be representative of the religion, denomination or associations which he was appointed to represent or (as the case may be) of the authority.

9

Where a person resigns or is withdrawn from a committee, the local authority shall appoint someone in his place in the same manner as that in which they made the original appointment.

Reconsideration of agreed syllabus

10

(1) This paragraph applies where a local authority cause a conference to be convened for the purpose of reconsidering any agreed syllabus under any of paragraphs 1 to 3.

(2) If—

(a) the conference—

(i) unanimously recommend that the existing syllabus should continue to be the agreed syllabus, or

(ii) unanimously recommend a new syllabus to be adopted in substitution for the existing syllabus, and

(b) it appears to the local authority that the syllabus or, as the case may be, the new syllabus, reflects the fact that the religious traditions in Great Britain are in the main Christian while taking account of the teaching and practices of the other principal religions represented in Great Britain,

the authority may give effect to the recommendation.

(3) If—

(a) the authority report to the Secretary of State that the conference are unable to reach unanimous agreement, or

(b) the conference unanimously recommend that the existing syllabus should continue to be the agreed syllabus but the local authority consider that sub-paragraph (2)(b) prevents them from giving effect to the recommendation, or

(c) it appears to the Secretary of State that the authority have failed to exercise their power under sub-paragraph (2) to give effect to the unanimous recommendation of the conference,

the Secretary of State shall proceed in accordance with paragraph 12.

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Preparation of new syllabus by appointed body

12

(1) Where required by paragraph 10 to proceed in accordance with this paragraph, the Secretary of State shall appoint a body of persons having experience in religious education to prepare a syllabus of religious education.

(2) The appointed body shall, so far as is practicable, be of a representative character which is the same as that required by paragraph 4 in the case of a conference.

13

(1) The appointed body shall—

(a) give the local authority, the conference and every committee constituting the conference an opportunity of making representations to it;

(b) after considering any such representations made to it, prepare a syllabus of religious education; and

(2) Subject to sub-paragraph (1)(a), the appointed body may conduct its proceedings in such manner as it thinks fit.

14

The syllabus prepared by the appointed body shall be deemed to be the agreed syllabus adopted for use in the schools for which, or for the class or description of pupils for which, it was prepared—

(a) as from such date as the Secretary of State may direct, and

(b) until a new syllabus is adopted for use in those schools, or for pupils of that class or description, in accordance with this Schedule.

Special provisions applicable where order under section 27(1)(b) applies

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schedule 31A — Failure to provide information under section 436E: monetary penalties

Warning notice

1

(1) Where a local authority proposes to require a person to pay a monetary penalty under section 436E(8), the authority must serve a notice on the person of what is proposed (a “warning notice”).

(2) The warning notice must include information as to—

(a) the grounds for the proposal to require payment of the monetary penalty,

(b) the amount of the penalty, and

Representations

2

The person on whom the warning notice is served may make written representations to the local authority in relation to the proposed requirement to pay a monetary penalty—

(a) before the end of the period of 14 days beginning with the day on which the notice is served, or

(b) if within that period the person gives written notice of their intention to make representations, before the end of the period of 28 days beginning with that day.

Imposition of penalty

3

(1) Where a person has made representations in response to a warning notice, or the time for doing so has elapsed, the local authority must decide whether to require the person to pay the monetary penalty.

(2) The local authority may not require the person to pay a monetary penalty if the authority is no longer satisfied as mentioned in section 436E(8).

(3) If the local authority decide not to require the person to pay the penalty, the authority must inform the person of that fact.

Penalty notice

4

(1) A requirement to pay a monetary penalty is imposed by a notice served on the person by the local authority (a “penalty notice”).

(2) A penalty notice must include information as to—

(a) the grounds for requiring payment of the monetary penalty,

(b) the amount of the penalty,

(d) the period within which payment is to be made (which must be at least 28 days beginning with the day on which the notice is served),

(e) the consequences of late payment (see paragraph 5), and

(f) rights of appeal.

(3) A penalty notice may be withdrawn at any time by the local authority that gave it.

Consequences of late payment

5

If the person on whom a penalty notice is served fails to pay the monetary penalty within the period specified in the notice, the amount of the penalty is increased by the prescribed percentage.

Appeals

6

(1) A person on whom a penalty notice is served may appeal to the First-tier Tribunal on any of the grounds mentioned in sub-paragraph (2).

(2) The grounds are that—

(a) the decision to require payment of the penalty was based on an error of fact;

(b) the decision was wrong in law;

(3) On an appeal under this paragraph the First-tier Tribunal may—

(a) quash the penalty notice,

(b) confirm the penalty notice, or

(4) Where an appeal under this paragraph is made, the requirement to pay the monetary penalty is suspended pending the final determination or withdrawal of the appeal.

Enforcement

7

If a person does not pay the whole or any part of a monetary penalty which the person is required to pay under this Schedule within the time specified in the penalty notice, the penalty or part of the penalty is recoverable as if it were payable under an order of the county court.

SCHEDULE 32

Proposals for reduction of standard number

1

Where the admission authority for a county or voluntary school intend to apply for an order under section 420(2) reducing any standard number applying to the school under sections 417 to 420 for any age group in any year, they shall—

(a) publish their proposals relating to the reduction in such manner as may be required by regulations, and

(b) submit a copy of the published proposals to the Secretary of State together with their application.

2

The published proposals shall be accompanied by a statement explaining the effect of—

(a) paragraph 3, where the local education authority are the admission authority, or

(b) paragraph 4, where the governing body are the admission authority.

3

(1) Where the local education authority are the admission authority, objections to the proposals may, within the period of two months beginning with the date of publication of the proposals, be submitted to the authority by any of the following—

(a) any ten or more local government electors for the authority’s area,

(b) the governing body of any school affected by the proposals, and

(2) Within one month after the end of the period mentioned in sub-paragraph (1), the authority shall transmit to the Secretary of State copies of all objections made (and not withdrawn in writing) within that period, together with their observations on them.

4

Where the governing body are the admission authority, objections to the proposals may, within the period of two months beginning with the date of publication of the proposals, be submitted to the Secretary of State by any of the following—

(a) any ten or more local government electors for the local education authority’s area,

(b) the governing body of any school affected by the proposals, and

Order of Secretary of State

5

(1) Subject to sub-paragraph (2), where an application is made to the Secretary of State for any such order reducing a standard number as is mentioned in paragraph 1, he may—

(a) make an order reducing the standard number to the number proposed;

(b) after consultation with both the local education authority and the governing body, make an order reducing the standard number to such number (greater than the number proposed) as he thinks desirable; or

(2) The Secretary of State shall not make an order reducing the standard number unless he is satisfied that the reduction is necessary, having regard to any reduction in the school’s capacity to accommodate pupils as compared with its capacity at the beginning of the school year in which the current standard number first applied in relation to the age group in question (whether by virtue of section 15 of the Education Act 1980, section 27 of the Education Reform Act 1988 or sections 417 to 420 of this Act).

(3) For the purposes of sub-paragraph (2) a school’s capacity to accommodate pupils is changed if—

(a) as a result of changes in the availability or use of accommodation at the school, there is any change in the amount of accommodation available for use by pupils at the school; or

(b) as a result of changes in the requirements applicable to the school under regulations made under section 542 there is any change in the number of pupils for whom accommodation may lawfully be provided at the school;

and a school’s capacity to accommodate pupils is reduced if the result of the changes is, in a case within paragraph (a), less accommodation or, in a case within paragraph (b), a reduction in the number there mentioned.

Consultation before making application

6

(1) Where the local education authority are the admission authority for a county or voluntary school, they shall not make an application for an order under section 420(2) reducing any standard number applying to the school without first consulting the governing body.

(2) Where the governing body are the admission authority for such a school, they shall not make such an application without first consulting the local education authority.

References to date of publication of proposals

7

(1) References in this Schedule, in relation to proposals under paragraph 1, to the date of publication of the proposals are references—

(a) to the date on which the requirements of regulations with respect to the publication of the proposals are satisfied; or

(b) where different such requirements are satisfied on different dates, to the last of those dates.

(2) Where any such requirement imposes a continuing obligation with respect to the publication of any such proposals, the requirement shall for the purposes of sub-paragraph (1) be taken to be satisfied on the first date in respect of which it is satisfied.

SCHEDULE 33

Part I — Constitution of appeal committees

Appeal arrangements made by local education authorities

1

(1) An appeal pursuant to arrangements made by a local education authority under section 423(1) shall be to an appeal committee constituted in accordance with this paragraph.

(2) An appeal committee shall consist of—

(a) one person nominated by the authority from among persons who are eligible to be lay members; and

(b) two, four or six other members nominated by the authority from among persons appointed by the authority under sub-paragraph (3).

(3) The persons appointed by the authority under this sub-paragraph shall comprise—

(a) members of the authority, and

(b) persons who are not members of the authority but who have experience in education, are acquainted with the educational conditions in the area of the authority or are parents of registered pupils at a school,

but shall not include any person employed by the authority otherwise than as a teacher.

(4) Sufficient persons may be appointed by the authority under sub-paragraph (3) to enable two or more appeal committees to sit at the same time.

(5) The authority shall not nominate a person under sub-paragraph (2)(a) if he is a member of the authority or is employed by them.

(6) The members of an appeal committee who are members of the authority shall not outnumber the others.

(7) A person who is a member of the authority or employed by the authority shall not be chairman of an appeal committee.

(8) A person shall not be a member of an appeal committee for the consideration of an appeal against a decision if he was among those who made the decision or took part in discussions as to whether the decision should be made.

(9) A person who is a teacher at a school shall not be a member of an appeal committee for the consideration of an appeal involving a question whether a child is to be admitted to that school.

Appeal arrangements made by governing bodies

2

(1) An appeal pursuant to arrangements made by the governing body of an aided or a special agreement school under section 423(2) shall be to an appeal committee constituted in accordance with this paragraph.

(2) An appeal committee shall consist of—

(a) one person nominated by the governing body from among persons who are eligible to be lay members; and

(b) two, four or six other members nominated by the governing body from among persons appointed by them under sub-paragraph (3).

(3) The persons appointed by the governing body under this sub-paragraph—

(a) may include one or more of the governors,

(b) shall include persons appointed from a list drawn up by the local education authority by whom the school is maintained, and

(4) Sufficient persons may be appointed by the governing body under sub-paragraph (3) to enable two or more appeal committees to sit at the same time.

(5) Of the members of an appeal committee—

(a) three shall be nominated from among those mentioned in sub-paragraph (3)(b) in the case of a committee consisting of seven members;

(b) two shall be so nominated in the case of a committee consisting of five members; and

(6) The governing body shall not nominate under sub-paragraph (2)(a) a person who falls within sub-paragraph (3)(a) or (b) or is employed by the local education authority by whom the school is maintained.

(7) None of the governors shall be chairman of an appeal committee.

(8) A person shall not be a member of an appeal committee for the consideration of an appeal against a decision if he was among those who made the decision or took part in discussions as to whether the decision should be made.

(9) A person who is a teacher at a school shall not be a member of an appeal committee for the consideration of an appeal involving a question whether a child is to be admitted to that school.

3

Where (by virtue of section 423(3)) joint arrangements are made under section 423(2) by the governing bodies of two or more schools, paragraph 2 shall apply as if any reference to the governing 0body or to the governors were a reference to the governing bodies or (as the case may be) the governors of both or all the schools; and an appeal pursuant to such joint arrangements shall be to an appeal committee constituted in accordance with paragraph 2 as it so applies.

4

An appeal committee constituted in accordance with paragraph 2 (or in accordance with that paragraph as it applies by virtue of paragraph 3)—

(a) shall be included in the bodies to which section 174 of the Local Government Act 1972 (travelling and subsistence allowances) applies; and

(b) for the purpose of the payment of financial loss allowance under section 173(4) of that Act to members of the committee, shall be included among the bodies to which section 173 applies.

Lay members

5

(1) A person is eligible to be a lay member for the purposes of paragraphs 1(2)(a) and 2(2)(a) if—

(a) he is a person without personal experience in the management of any school or the provision of education in any school (disregarding any such experience as a governor or in any other voluntary capacity), and

(b) he satisfies the conditions specified in sub-paragraph (2).

(2) Those conditions are—

(a) in the case of a person to be nominated as a lay member for the purposes of paragraph 1(2)(a), that he does not have, and has not at any time had, any connection with—

(i) the local education authority in question, or

(ii) any person who is a member of, or employed by, that authority,

of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the authority, and

(b) in the case of a person to be nominated as a lay member for the purposes of paragraph 2(2)(a), that he does not have, and has not at any time had, any connection with—

(i) the school in question, or

(ii) any person who is a member of, or employed by, the governing body of that school,

of a kind which might reasonably be taken to raise doubts about his ability to act impartially in relation to the school.

6

The Secretary of State may by regulations require any local education authority or governing body who are required by section 423(1) or (2) to make arrangements under that provision—

(a) to advertise, in such manner and at such times as may be prescribed, for persons eligible to be lay members of any appeal committee required to be constituted for the purposes of such arrangements to apply to the authority or body for appointment as such members, and

(b) in appointing persons as such members, to consider any persons eligible to be so appointed who have applied to the authority or body in response to an advertisement placed in pursuance of sub-paragraph (a) above.

Indemnity

7

Any local education authority or governing body required to make arrangements under section 423(1) or (2) shall indemnify the members of any appeal committee required to be constituted for the purposes of those arrangements against any reasonable legal costs and expenses reasonably incurred by those members in connection with any decision or action taken by them in good faith in pursuance of their functions as members of that committee.

Part II — Procedure

8

In this Part “appeal” means an appeal pursuant to any arrangements made under section 423.

9

An appeal shall be by notice in writing setting out the grounds on which it is made.

10

An appeal committee shall give the appellant an opportunity of appearing and making oral representations, and may allow him to be accompanied by a friend or to be represented.

11

The matters to be taken into account by an appeal committee in considering an appeal shall include—

(a) any preference expressed by the appellant in respect of the child as mentioned in section 411, and

(b) the arrangements for the admission of pupils published by the local education authority or the governing body under section 414.

12

(1) Appeals shall be heard in private except when the local education authority or governing body (or bodies) by whom the arrangements under section 423 are made direct otherwise.

(2) Without prejudice to any of the other provisions of this Schedule—

(a) a member of the local education authority may attend, as an observer, any hearing of an appeal by an appeal committee constituted in accordance with paragraph 1; and

(b) a member of the Council on Tribunals may attend as an observer any meeting of any appeal committee at which an appeal is considered.

13

In the event of a disagreement between the members of an appeal committee, the appeal under consideration shall be decided by a simple majority of the votes cast and, in the case of an equality of votes, the chairman of the committee shall have a second or casting vote.

14

The decision of an appeal committee and the grounds on which it is made shall be communicated by the committee in writing to—

(a) the appellant and the local education authority, and

(b) in the case of an appeal to an appeal committee constituted in accordance with paragraph 2 (or in accordance with that paragraph as it applies by virtue of paragraph 3), to the governing body by whom or on whose behalf the decision appealed against was made.

15

(1) Subject to paragraphs 9 to 14, all matters relating to the procedure on appeals, including the time within which they are to be brought, shall be determined by the local education authority or governing body (or bodies) by whom the arrangements under section 423 are made.

(2) Neither section 106 of the Local Government Act 1972 nor paragraph 44 of Schedule 12 to that Act (procedure of committees of local authorities) shall apply to an appeal committee constituted in accordance with paragraph 1.

Schedule 33A

Duty to notify governing body of decision to admit child

1

Where any such decision as is mentioned in section 423A(2) is made by or on behalf of a local education authority, the authority shall give the governing body of the school notice in writing—

(a) of that decision; and

(b) of the governing body’s right to appeal against the decision in accordance with paragraph 2.

Time limit on appealing

2

An appeal by the governing body against any such decision must be made not later than the 15th school day after the day on which they are given the notice under paragraph 1.

Appeal committees

3

(1) Subject to sub-paragraphs (2) and (3) below, paragraphs 1, 5, 6 and 7 of Schedule 33 (school admission appeals) shall have effect in relation to appeals under section 423A(2) as they have effect in relation to appeals under section 423(1).

(2) A person shall not be a member of an appeal committee for the consideration of an appeal under section 423A(2) if he has to any extent been involved in any previous consideration of the question whether the child in question should or should not be reinstated at any school from which he has at any time been permanently excluded, or in any previous appeal relating to the child under section 423A(2).

(3) A person shall not be eligible to be a lay member for the purposes of paragraph 1(2)(a) of Schedule 33 (as it applies in accordance with this paragraph) unless he satisfies the condition set out in paragraph (b) of paragraph 5(2) of that Schedule as well as that set out in paragraph (a) of that provision.

(4) In this paragraph “appeal committee” means an appeal committee constituted in accordance with Part I of Schedule 33, as it applies in accordance with this paragraph.

Procedure on an appeal

4

In the following provisions of this Schedule—

“appeal” means an appeal under section 423A(2); and

“appeal committee” means such an appeal committee as is mentioned in paragraph 3(4) above.

5

An appeal shall be by notice in writing setting out the grounds on which it is made.

6

The appeal committee shall meet to consider an appeal—

(a) within the period ending with the 15th school day after the day on which the appeal is lodged, or

(b) if the local education authority have determined a shorter period, within that period.

7

On an appeal the committee shall allow—

(a) the local education authority and the governing body to make written representations;

(b) an officer of the authority nominated by the authority, and a governor nominated by the governing body, to appear and make oral representations; and

8

In considering an appeal the appeal committee shall have regard to—

(a) the reasons for the local education authority’s decision that the child in question should be admitted; and

(b) any reasons put forward by the governing body as to why the child’s admission would be inappropriate.

9

Appeals shall be heard in private except when otherwise directed by the local education authority, but any member of the local education authority or of the Council on Tribunals may attend, as an observer, any meeting of an appeal committee at which an appeal is considered.

10

Two or more appeals may be combined and dealt with in the same proceedings if the appeal committee consider that it is expedient to do so because the issues raised by the appeals are the same or connected.

11

12

The decision of an appeal committee and the grounds on which it is made shall be communicated by the committee in writing to—

(a) the local education authority, and

(b) the governing body making the appeal,

within the period ending with the 17th school day after the day on which the appeal is lodged.

13

(1) Subject to paragraphs 5 to 12, all matters relating to the procedure on appeals shall be determined by the local education authority.

(2) Neither section 106 of the Local Government Act 1972 nor paragraph 44 of Schedule 12 to that Act (procedure of committees of local authorities) shall apply to an appeal committee.

Power of Secretary of State to make amendments

14

The Secretary of State may by order amend the preceding provisions of this Schedule.

Schedule 33B

Home-school partnership documents

1

(1) The admission arrangements for a grant-maintained school may include provisions—

(a) setting out the terms of a partnership document for the school and the parental declaration to be used in connection with the document;

(b) making it a condition of the admission of every child to the school that his parent gives the governing body a signed parental declaration either—

(i) at the time of applying for a place at the school for the child, or

(ii) if the child is allocated a conditional place, within such period as is specified in the arrangements; and

(c) authorising the governing body to dispense with that condition to any extent in the case of a particular child where they are satisfied that there are special reasons for doing so.

(2) For the purposes of this paragraph and paragraph 2 a “partnership document” is a statement specifying—

(a) the school’s aims and values;

(b) the responsibilities which the school intends to discharge in connection with the education of children admitted to the school; and

(c) the parental responsibilities, that is the responsibilities which the parents of such children are expected to discharge in connection with the education of their children while they are registered pupils at the school;

and “parental declaration” means a declaration to be signed by a parent seeking the admission of his child to the school by which he acknowledges and accepts the parental responsibilities specified in the partnership document.

(3) In determining the provisions to be included in the admission arrangements for a school in pursuance of sub-paragraph (1), the governing body shall have regard to any guidance given from time to time by the Secretary of State.

(4) The Secretary of State may by order provide that any form of words specified in the order, or having such effect as is so specified, is not to be used in a partnership document or (as the case may be) in a parental declaration.

(5) An order under sub-paragraph (4) may apply to any school or description of school specified in the order.

(6) In this paragraph and paragraph 2—

“admission arrangements”, in relation to a school, means the arrangements for the admission of pupils to the school; and

“conditional place”, in relation to a child, means a place which is conditional on the child’s parent giving the governing body a signed parental declaration.

Effect of home-school partnership document

2

(1) This paragraph applies where the admission arrangements for a grant-maintained school include the provisions authorised by paragraph 1(1).

(2) The governing body shall, in the case of each child on behalf of whom an application for admission is made, notify his parent of the following matters, namely—

(a) the terms of the partnership document and the parental declaration, and

(b) the effect of the provisions of the admission arrangements authorised by paragraph 1(1)(b) and (c).

(3) Where sub-paragraph (2) has been complied with in relation to a child’s parent but—

(a) the parent has failed to comply with the condition referred to in paragraph 1(1)(b), and

(b) the governing body are not satisfied that there are special reasons for dispensing with that condition to the required extent in the case of that child,

the governing body shall not be under any duty to admit the child to the school; and, if he has been allocated a conditional place, the allocation of that place may be cancelled.

(4) In sub-paragraph (3) the reference to dispensing with the condition mentioned in that sub-paragraph “to the required extent”—

(a) is, where the parent gives the governing body a signed parental declaration in relation to some but not the remainder of the parental responsibilities, a reference to dispensing with that condition so far as the remainder of those responsibilities are concerned; but

(b) is otherwise a reference to wholly dispensing with that condition.

(5) In performing any function under this paragraph the governing body shall have regard to any guidance given from time to time by the Secretary of State.

(6) A partnership document shall not be capable of creating any obligation in respect of whose breach any liability arises in contract or in tort.

Restriction of right to refuse admission to partially-selective school

3

(1) An application for the admission of a child to a grant-maintained school may not be refused on the grounds that his admission would be incompatible with the school’s selective admission arrangements unless those arrangements—

(a) are wholly based on selection by reference to ability or aptitude, and

(b) are so based with a view to admitting only pupils with high ability or with aptitude.

(2) For the purposes of this paragraph a school has selective admission arrangements if the arrangements for the admission of pupils to the school are to any extent based on selection by reference to ability or aptitude.

No requirement to admit children permanently excluded from two or more schools

4

(1) The governing body of a grant-maintained school shall not be under any duty to admit to the school any child to whom sub-paragraph (3) applies.

(2) The governing body of such a school shall not be under any duty to make arrangements for enabling any person to appeal against a decision refusing a child admission to the school in a case where, at the time when the decision is made, sub-paragraph (3) applies to the child.

(3) Where a child has been permanently excluded from two or more schools, this sub-paragraph applies to him during the period of two years beginning with the date on which the latest of those exclusions took effect.

(4) Sub-paragraph (3) applies to a child whatever the length of the period or periods elapsing between those exclusions and regardless of whether it has applied to him on a previous occasion.

(5) However, a child shall not be regarded as permanently excluded from a school for the purposes of this paragraph if—

(a) although so excluded he was reinstated as a pupil at the school following the giving of a direction to that effect to the head teacher of the school; or

(b) he was so excluded at a time when he had not attained compulsory school age.

(6) In this paragraph “school” means—

(a) a school maintained by a local education authority; or

(b) a grant-maintained or grant-maintained special school.

(7) This paragraph does not apply in relation to a child unless at least one of the two or more exclusions mentioned in sub-paragraph (3) took effect on or after the date of the coming into force of section 14 of the Education Act 1997.

(8) For the purposes of this paragraph the permanent exclusion of a child from a school shall be regarded as having taken effect on the school day as from which the head teacher decided that he should be permanently excluded.

SCHEDULE 34 — Independent Schools Tribunals

...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 35

1

(1) A participation agreement shall provide that it may be terminated in accordance with this Schedule.

(2) A participation agreement shall not be capable of being terminated by either party otherwise than in accordance with this Schedule.

2

The proprietors of the school may terminate a participation agreement by giving three years’ written notice to the Secretary of State or such shorter notice as he may in any particular case accept.

3

Subject to paragraph 4, the Secretary of State may terminate a participation agreement by giving three years’ written notice to the proprietors of the school.

4

(1) If in the case of a participation agreement the Secretary of State—

(a) is satisfied that any condition applying to the school under the agreement or by virtue of regulations made under section 480 has been contravened, or

(b) is not satisfied that appropriate educational standards are being maintained at the school, or

(c) is not satisfied that section 550 (which provides that a person is not to be refused education at a school because section 548 would prevent his being given corporal punishment) is being complied with in relation to the school,

he may at any time terminate the agreement by written notice to the proprietors of the school.

(2) A notice of termination given under this paragraph may provide that it shall be treated as of no effect if the proprietors of the school satisfy the Secretary of State within such time as may be specified in the notice that they have complied with any condition so specified.

5

A notice of termination given under paragraph 3 or 4 shall contain a statement of the reason for which it is given.

6

The termination of a participation agreement shall not affect the operation of the agreement or of the assisted places scheme (including any regulations made under section 480) in relation to any pupil holding an assisted place at the school on the date of the termination.

SCHEDULE 35A — Academies: land

Transfer schemes

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on disposal

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Restriction on appropriation

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to inform

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Former Academies

8

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disapplication of rule against perpetuities

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other Acts

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Regulations

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Class consents

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation

13

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 35B — Meaning of “eligible child” for purposes of section 508B

1

For the purposes of section 508B (travel arrangements for eligible children) an “eligible child” means a child who falls within any of paragraphs 2 to 7 or 9 to 13.

Children with special educational needs, a disability or mobility problems

2

A child falls within this paragraph if—

(a) he is of compulsory school age and is any of the following—

a child with special educational needs;

a disabled child;

a child with mobility problems,

(b) he is a registered pupil at a qualifying school which is within walking distance of his home,

(c) no suitable arrangements have been made by the local authority for enabling him to become a registered pupil at a qualifying school nearer to his home, and

(d) having regard to whichever of the following are relevant—

his special educational needs;

his disability;

his mobility problems,

he cannot reasonably be expected to walk to the school mentioned in paragraph (b).

3

A child falls within this paragraph if—

(a) he is of compulsory school age and is any of the following—

a child with special educational needs;

a disabled child;

a child with mobility problems,

(b) he is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1), and

his special educational needs;

his disability;

his mobility problems,

he cannot reasonably be expected to walk to that place.

Children who cannot reasonably be expected to walk because of nature of routes

4

A child falls within this paragraph if—

(a) he is of compulsory school age and is a registered pupil at a qualifying school which is within walking distance of his home,

(b) no suitable arrangements have been made by the local authority for enabling him to become a registered pupil at a qualifying school nearer to his home, and

(c) having regard to the nature of the routes which he could reasonably be expected to take, he cannot reasonably be expected to walk to the school mentioned in paragraph (a).

5

A child falls within this paragraph if—

(a) he is of compulsory school age and is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1), and

(b) having regard to the nature of the routes which he could reasonably be expected to take, he cannot reasonably be expected to walk to that place.

Children outside walking distance where no suitable alternative arrangements made

6

A child falls within this paragraph if—

(a) he is of compulsory school age and is a registered pupil at a qualifying school which is not within walking distance of his home,

(b) no suitable arrangements have been made by the local authority for boarding accommodation for him at or near the school, and

(c) no suitable arrangements have been made by the local authority for enabling him to become a registered pupil at a qualifying school nearer to his home.

7

A child falls within this paragraph if—

(a) he is of compulsory school age and is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1),

(b) that place is not within walking distance of his home,

(c) no suitable arrangements have been made by the local authority for boarding accommodation for him at or near that place, and

(d) no suitable arrangements have been made by the local authority for enabling him to become a registered pupil at a qualifying school nearer to his home.

8

(1) Where—

(a) a child of compulsory school age has been excluded from a relevant school,

(b) he remains for the time being a registered pupil at the school, and

(c) the appropriate authority for the school has made arrangements for the provision of full-time education for him otherwise than at the school or at his home during the period of exclusion,

paragraph 6 has effect as if the place at which the education is provided were a qualifying school and the child were a registered pupil at that school (and not at the school mentioned in paragraph (b)).

(2) For the purposes of sub-paragraph (1)—

(a) “relevant school” and “appropriate authority” have the same meaning as in section 444ZA (application of section 444 to alternative educational provision), and

(b) in relation to a maintained school or a pupil referral unit, references in that sub-paragraph to exclusion are references to exclusion under section 51A of the Education Act 2002.

Children entitled to free school meals etc

9

A child falls within this paragraph if—

(a) he has attained the age of 8 but not the age of 11,

(b) he is a registered pupil at a qualifying school which is more than two miles from his home,

(c) no suitable arrangements have been made by the local authority for enabling him to become a registered pupil at a qualifying school nearer to his home, and

(d) the appropriate condition is met in relation to him.

10

A child falls within this paragraph if—

(a) he has attained the age of 8 but not the age of 11,

(b) he is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1),

(d) the appropriate condition is met in relation to him.

11

A child falls within this paragraph if—

(a) he has attained the age of 11,

(b) he is a registered pupil at a qualifying school which is more than two miles, but not more than six miles, from his home,

(d) the appropriate condition is met in relation to him.

12

A child falls within this paragraph if—

(a) he has attained the age of 11,

(b) he is a registered pupil at a qualifying school which is more than two miles, but not more than fifteen miles, from his home,

(c) his parent has expressed a wish, based on the parent's religion or belief, for him to be provided with education at that school,

(d) having regard to the religion or belief on which the parent's wish is based, there is no suitable qualifying school which is nearer to the child's home, and

(e) the appropriate condition is met in relation to him.

13

A child falls within this paragraph if—

(a) he has attained the age of 11,

(b) he is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1),

(d) the appropriate condition is met in relation to him.

14

(1) For the purposes of paragraphs 9 to 13, the appropriate condition is met in relation to a child if condition A or condition B is met.

(2) Condition A is met if the child is within section 512ZB(4) (provision of free school lunches and milk).

(3) Condition B is met if—

(a) a parent of the child, with whom the child is ordinarily resident, is a person to whom working tax credit is awarded, and

(b) the award is at the rate which is the maximum rate for the parent's case or, in the case of an award to him jointly with another, at the rate which is the maximum rate for their case.

Meaning of “qualifying school” etc

15

(1) The definitions in sub-paragraphs (2) to (5) apply for the purposes of this Schedule.

(2) “Qualifying school” in relation to a child means—

(a) a community, foundation or voluntary school,

(b) a community or foundation special school,

(d) a pupil referral unit,

(e) a maintained nursery school, or

(f) a city technology college, a city college for the technology of the arts, an Academy school or an alternative provision Academy.

(3) In relation to a child with special educational needs, an independent school, other than a college or Academy falling within sub-paragraph (2)(f), is also a “qualifying school” if—

(a) it is the only school named in the EHC plan maintained for the child, or

(b) it is one of two or more schools named in that plan and of those schools it is the nearer or nearest to the child's home.

(4) “Disabled child” means a child who has a disability for the purposes of the Equality Act 2010 , and “disability” is to be construed accordingly.

(5) “Walking distance” has the meaning given by section 444(5).

(6) “Religion” and “belief” are to be read in accordance with section 509AD(3).

(7) In the case of a child who is a registered pupil at both a pupil referral unit and at a school other than a unit, references in this Schedule to the school at which he is a registered pupil are to be read as references to the unit.

SCHEDULE 35C — School Travel Schemes

Power to make scheme

1

(1) A local authority in England may make a school travel scheme for their area.

(2) Before making a school travel scheme, a local authority must consult such persons as the authority consider appropriate.

Arrangements to be included in scheme

2

(1) A school travel scheme must set out (in general terms) what arrangements in connection with the attendance of children in the authority's area receiving education—

(a) at schools,

(b) at any institution within the further education sector, or

the scheme authority consider it appropriate to be made in relation to travel to and from such places.

(2) Those arrangements are to be either or both of the following—

(a) arrangements to be made by the authority;

(b) arrangements to be made by any other persons.

(3) A school travel scheme may include travel arrangements of any description and may, in particular, include—

(a) arrangements for the provision of transport;

(b) any of the following arrangements only if made with the relevant parental consent—

(i) arrangements for the provision of one or more persons to escort a child (whether alone or together with other children) when travelling to or from any of the places mentioned in any of paragraphs (a) to (c) of sub-paragraph (1);

(ii) arrangements for the payment of the whole or any part of a person's reasonable travelling expenses;

(iii) arrangements for the payment of allowances in respect of the use of particular modes of travel;

(4) The reference in sub-paragraph (3) to the relevant parental consent is to the consent of a parent of each child in relation to whom the arrangements in question are made.

(5) A school travel scheme must require that if any arrangements set out in the scheme involve arrangements to be made by any person other than the scheme authority and those arrangements—

(a) are not made by that person or by any other persons, or

(b) are so made but are not given effect to in compliance with the requirements of the scheme,

the scheme authority must make suitable alternative arrangements.

Travel arrangements for “eligible children”

3

(1) A school travel scheme must require that, in the case of an eligible child in the scheme authority's area to whom sub-paragraph (2) applies, the authority must make such travel arrangements as they consider necessary in order to secure that suitable home to school travel arrangements, for the purpose of facilitating the child's attendance at the relevant educational establishment in relation to him, are made in relation to the child.

(2) This sub-paragraph applies to an eligible child if—

(a) no travel arrangements relating to travel in either direction between his home and the relevant educational establishment in relation to him, or in both directions, are provided in relation to him by any person who is not the scheme authority, or

(b) such travel arrangements are provided in relation to him by any person who is not the scheme authority but those arrangements, taken together with any other such travel arrangements which are so provided, do not provide suitable home to school travel arrangements for the purpose of facilitating his attendance at the relevant educational establishment in relation to him.

(3) “Home to school travel arrangements”, in relation to an eligible child, are travel arrangements relating to travel in both directions between the child's home and the relevant educational establishment in question in relation to that child.

(4) “Travel arrangements”, in relation to an eligible child, are travel arrangements of any description and include—

(a) arrangements for the provision of transport, and

(b) any of the following arrangements only if they are made with the consent of a parent of the child—

(i) arrangements for the provision of one or more persons to escort the child (whether alone or together with other children) when travelling to or from the relevant educational establishment in relation to the child;

(ii) arrangements for the payment of the whole or any part of a person's reasonable travelling expenses;

(iii) arrangements for the payment of allowances in respect of the use of particular modes of travel.

(5) “Travel arrangements”, in relation to an eligible child, include travel arrangements of any description made by any parent of the child only if those arrangements are made by the parent voluntarily.

(6) Regulations may modify sub-paragraphs (1) and (2) to provide for their application in cases where there is more than one relevant educational establishment in relation to a child.

4

(1) For the purposes of paragraph 3, an “eligible child” is a child who falls within any of the following paragraphs of Schedule 35B—

(a) paragraph 2 or 3 (children of compulsory school age with special educational needs, a disability or mobility problems);

(b) paragraph 4 or 5 (children of compulsory school age who cannot reasonably be expected to walk because of the nature of the routes);

(c) paragraph 6 or 7 (children of compulsory school age who live outside walking distance and for whom no suitable alternative arrangements are made);

(d) paragraph 9, 10, 11, 12 or 13 (children aged 8 or over who are entitled to free school meals etc).

(2) References in paragraph 3 to the “relevant educational establishment”, in relation to an eligible child, are references to—

(a) in the case of a child who is an eligible child by virtue of falling within any of paragraphs 2, 4, 6, 9, 11 and 12 of Schedule 35B, the qualifying school at which the child is a registered pupil referred to in the paragraph in question, and

(b) in the case of a child who is an eligible child by virtue of falling within any of paragraphs 3, 5, 7, 10 and 13 of Schedule 35B, the place other than a school, where the child is receiving education by virtue of arrangements made in pursuance of section 19(1), referred to in the paragraph in question.

Charges

5

(1) A school travel scheme must set out the policy applicable to charging in relation to anything provided in pursuance of the scheme.

(2) The policy to be set out under sub-paragraph (1) must include provision to the effect that anything provided in pursuance of the scheme for a protected child is provided free of charge.

(3) The policy to be set out under sub-paragraph (1) must include provision to the effect mentioned in sub-paragraph (3) of paragraph 7 in relation to any child falling within sub-paragraph (1) or (2) of that paragraph.

6

(1) For the purposes of paragraph 5, a “protected child” is a child of compulsory school age in the scheme authority's area who falls within any of sub-paragraphs (2) to (4).

(2) A child falls within this sub-paragraph if he is a child falling within any of the following paragraphs of Schedule 35B—

(a) paragraph 2 or 3 (children of compulsory school age with special educational needs, a disability or mobility problems);

(b) paragraph 4 or 5 (children of compulsory school age who cannot reasonably be expected to walk because of nature of routes).

(3) A child falls within this sub-paragraph if he is within section 512ZB(4) (provision of free school lunches and milk).

(4) A child falls within this sub-paragraph if—

(a) a parent of the child, with whom the child is ordinarily resident, is a person to whom working tax credit is awarded, and

(b) the award is at the rate which is the maximum rate for the parent's case or, in the case of an award to him jointly with another, at the rate which is the maximum rate for their case.

7

(1) For the purposes of paragraph 5(3), a child falls within this sub-paragraph if—

(a) he is of compulsory school age and is any of the following—

a child with special educational needs;

a disabled child;

a child with mobility problems,

(b) he is a registered pupil at a qualifying school which is not within walking distance of his home, and

(c) no suitable arrangements have been made by the local authority for enabling him to become a registered pupil at a qualifying school nearer to his home.

(2) For the purposes of paragraph 5(3), a child falls within this sub-paragraph if—

(a) he is of compulsory school age and is any of the following—

a child with special educational needs;

a disabled child;

a child with mobility problems,

(b) he is receiving education at a place other than a school by virtue of arrangements made in pursuance of section 19(1), and

(3) The effect referred to in paragraph 5(3) is that the amount payable in respect of anything provided in pursuance of the scheme for a child falling within sub-paragraph (1) or (2) is not to exceed the amount (if any) which would be payable under the scheme if—

(a) he were a child who is not a child with special educational needs, a disabled child or a child with mobility problems,

(b) in the case of a child falling within sub-paragraph (1), he were registered as a pupil at his nearest qualifying school, and

(c) he took full advantage of any arrangements under the scheme for the provision of transport for persons of his description.

(4) In sub-paragraph (3)(b), the reference to the child's nearest qualifying school is to whichever of the following is the nearest to his home to provide education for persons of his age who are not children with special educational needs, disabled children or children with mobility problems—

(a) a community school,

(b) a foundation school,

(d) an Academy,

(e) a city technology college, and

(f) a city college for the technology of the arts.

8

Any sum payable in respect of a charge for anything provided by the scheme authority in pursuance of arrangements made by that authority in pursuance of a school travel scheme is to be recoverable summarily as a civil debt.

9

(1) This paragraph applies if a school travel scheme will give rise to any need to incur expenditure in order for a child to take advantage of anything provided for him in pursuance of the scheme.

(2) The scheme must include provision for any expenditure that needs to be incurred for the purpose mentioned in sub-paragraph (1) in the case of a protected child to be met by the scheme authority.

(3) “Protected child” has the meaning given for the purposes of paragraph 5.

Commencement of scheme

10

(1) A school travel scheme is not to come into force unless approved by the Secretary of State.

(2) A school travel scheme which has been approved by the Secretary of State is to come into force in accordance with directions given by the Secretary of State.

(3) The earliest date on which a school travel scheme may come into force is 31 August 2007.

Amendment or revocation of scheme

11

(1) The scheme authority may amend or revoke a school travel scheme.

(2) Before amending a school travel scheme, the scheme authority must consult such persons as they consider appropriate.

(3) The power of amendment under sub-paragraph (1) is exercisable only with the consent of the Secretary of State.

(4) The Secretary of State may consent to the exercise of the power of amendment under sub-paragraph (1) on an application by the scheme authority specifying the proposed exercise of the power.

(5) If on an application under sub-paragraph (4) the Secretary of State consents to the exercise of the power of amendment under sub-paragraph (1), the scheme authority must exercise the power accordingly.

(6) Any amendment under this paragraph is to come into force in accordance with directions given by the Secretary of State.

Provision of information

12

(1) The scheme authority must—

(a) make such reports and returns to the Secretary of State, and

(b) compile and give to the Secretary of State such information,

as the Secretary of State may require for any of the purposes mentioned in sub-paragraph (2).

(2) Those purposes are—

(a) the purpose of monitoring the operation or effect of a school travel scheme approved under this Schedule;

(b) the purpose of preparing or publishing an evaluation under section 80 of the Education and Inspections Act 2006.

Guidance

13

(1) The Secretary of State must issue, and may from time to time revise, guidance as to the matters which he will take into account in exercising his power under paragraph 10(1) or 11(3).

(2) Before issuing or revising guidance under sub-paragraph (1), the Secretary of State must consult such persons as he considers appropriate.

Interpretation

14

In this Schedule—

“disabled child” means a child who has a disability for the purposes of the Equality Act 2010 , and “disability” is to be construed accordingly;

“qualifying school” has the same meaning as it has for the purposes of Schedule 35B;

“scheme authority”, in relation to a school travel scheme, means the local authority by which the scheme is made;

“walking distance” has the meaning given by section 444(5).

SCHEDULE 36 — Uniform statutory trusts for educational endowments

1

The trustees may, after payment of any expenses incurred in connection with the administration of the trust, apply the capital and income of the relevant trust assets for any of the following purposes—

(a) in or towards the purchase of a site for, or the erection, improvement or enlargement of, the premises of any relevant school in the area,

(b) for the maintenance of any relevant school in the area;

(c) in or towards the purchase of a site for, or the erection, improvement or enlargement of, the premises of a teacher’s house for use in connection with any relevant school in the area; and

(d) for the maintenance of a teacher’s house for use in connection with any relevant school in the area.

2

The trustees may also, after payment of any expenses incurred in connection with the administration of the trust, apply the income of the relevant trust assets for any of the following purposes—

(a) in or towards the provision of advice, guidance and resources (including materials) in connection with any matter related to the management of, or education provided at, any relevant school in the area;

(b) the provision of services for the carrying out of any inspection of any relevant school in the area required by Part 1 of the Education Act 2005 ; and

(i) the application of income of the relevant trust assets for either of the purposes referred to in sub-paragraphs (a) and (b) above, or

(ii) the application of capital or income of the relevant trust assets for any of the purposes referred to in paragraph 1 above.

SCHEDULE 36A — Education functions

1

Functions conferred on a local authority under the Education Acts (as defined in section 578).

2

Functions conferred on a local authority under the enactments specified in the first column of the table below (being the functions which are described in general terms in the second column of that table).

Enactment	Nature of functions
Children and Young Persons Act 1933 (c. 12)	Children and Young Persons Act 1933 (c. 12)
Section 18	Making of byelaws relating to the employment of children.
Superannuation Act 1972 (c. 11)	Superannuation Act 1972 (c. 11)
Section 9(5A)	Payment of injury benefit to or in respect of teachers.
Employment and Training Act 1973 (c. 50)	Employment and Training Act 1973 (c. 50)
Sections 10 and 10A	Powers and duties relating to careers services
Section 12	Duty to provide information to the Secretary of State.
. . .	. . .
Public Passenger Vehicles Act 1981 (c. 14)	Public Passenger Vehicles Act 1981 (c. 14)
Section 46	Power to use a school bus to carry fare-paying passengers.
Representation of the People Act 1983(c.2)	Representation of the People Act 1983(c.2)
Paragraph 2 of Schedule 5	Duty to prepare and revise lists of rooms in school premises which candidates may use.
Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)	Disabled Persons (Services, Consultation and Representation) Act 1986 (c. 33)
Section 5(1) to (4), (6) and (8)	Duty to require the appropriate officer to give an opinion as to whether a child with an EHC plan or a statement is disabled.
Children Act 1989 (c. 41)	Children Act 1989 (c. 41)
Section 36 and Part 3 of Schedule 3 (except paragraph 19(2))	Education supervision orders.
. . .	. . .
Learning and Skills Act 2000(c. 21)	Learning and Skills Act 2000(c. 21)
Section 33J	Duty to assist the Commission for Tertiary Education and Research in planning the local curriculum.
Section 33K	Duty relating to delivery of local curriculum and joint working (in Wales).
Section 33L	Duty to have regard to guidance and comply with directions relating to section 33K.
. . .	. . .
. . .	. . .
Sections 96, 101 ...	Duties as an “authorised body” relating to qualifications (in England).
Sections 123 to 125 and 128	Support services for 11 to 25 years olds: Wales.
. . .	. . .
Section 140(5)	Duty to send copy of a statement of special educational needs to the Welsh Ministers if requested.
. . .	. . .
Local Government Act 2000(c. 22)	Local Government Act 2000(c. 22)
Paragraphs 7, 8 and 9 of Schedule 1	Duty to include certain persons on overview and scrutiny committee if it relates to education functions.
Nationality, Immigration and Asylum Act 2002 (c. 41)	Nationality, Immigration and Asylum Act 2002 (c. 41)
Section 37	Powers and duties relating to education of a child in an accommodation centre.
Anti-social Behaviour Act 2003(c. 38)	Anti-social Behaviour Act 2003(c. 38)
Sections 19, 20, 21 and 22A	Powers and duties relating to parenting orders and parenting contracts.
National Health Service Act 2006 (c. 41 )	National Health Service Act 2006 (c. 41 )
Paragraph 5 of Schedule 1	Duty to make available to the Secretary of State appropriate accommodation for enabling the Secretary of State to arrange for medical inspections in schools.
National Health Service (Wales) Act 2006 (c. 42)	National Health Service (Wales) Act 2006 (c. 42)
Paragraph 5 of Schedule 1	Duty to make available to the Welsh Ministers appropriate accommodation for enabling them to arrange for medical inspections in schools.
Equality Act 2010 (c. 15)
Section 29(7) in its application to a local authority’s functions under the Education Acts	Duty to make reasonable adjustments for disabled persons.
Section 85(6)	Duty (as responsible body) to make reasonable adjustments for disabled pupils.
Section 92(6)	Duty (as responsible body) to make reasonable adjustments for disabled persons in further and higher education.
Section 93(6)	Duty (as responsible body) to make reasonable adjustments for disabled persons in the provision of recreational or training facilities.
paragraph 1 of Schedule 10	Duty to prepare and implement accessibility strategy.
paragraph 3 of Schedule 10	Duty (as responsible body) to prepare and implement an accessibility plan.

SCHEDULE 37 — Consequential amendments

Part I — Amendments coming into force on 1st November 1996

Children and Young Persons Act 1933 (c. 12)

1

Section 96 of the Children and Young Persons Act 1933 (provisions as to local authorities) shall continue to have effect with the following amendments (originally made by Schedule 8 to the Education Act 1944)—

(a) in subsection (3), for the words from “for elementary education” onwards there is substituted “ shall be defrayed as expenses under the enactments relating to education ”; and

(b) in subsection (4), for the second “under” there is substituted “in accordance with”.

Public Records Act 1958 (c. 51)

2

In Schedule 1 to the Public Records Act 1958 (definition of public records) Part II of the Table at the end of paragraph 3 (organisations whose records are public records) shall continue to include the following entries (originally inserted by Schedule 19 to the Education Act 1993, taken with Schedule 15 to that Act)—

Curriculum and Assessment Authority for Wales

Funding Agency for Schools

School Curriculum and Assessment Authority

, and

Schools Funding Council for Wales

Church Schools (Assistance by Church Commissioners) Measure 1958 (1958 No. 2)

3

In section 2(1) of the Church Schools (Assistance by Church Commissioners) Measure 1958 (interpretation) for “the Education Acts, 1944 to 1993” there is substituted “ the Education Act 1996 ” .

Education Act 1962 (c. 12)

4

(1) Section 1 of the Education Act 1962 (local authority awards for designated courses) shall continue to have effect with the following amendment (originally made by section 4 of the Education (Grants and Awards) Act 1984).

(2) In subsection (3)(d), for the words from “for the higher diploma” onwards there is substituted “ or for the higher national diploma of the body corporate known at the passing of the Education (Grants and Awards) Act 1984 as the Business & Technician Education Council. ”

5

In section 3(c)(i) of that Act (awards by Secretary of State) for “section 100 of the Education Act 1944” there is substituted “ section 485 of the Education Act 1996 ”.

6

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