Education Act 1996

• (1A) If in the circumstances mentioned in subsection (1) the parent knows that his child is failing to attend regularly at the school and fails ... to cause him to do so, he is guilty of an offence.

• (1B) It is a defence for a person charged with an offence under subsection (1A) to prove that he had a reasonable justification for his failure to cause the child to attend regularly at the school.

• (2) Subsections (2A) to (6) below apply in proceedings for an offence under this section in respect of a child who is not a boarder at the school at which he is a registered pupil.

• (2A) The child shall not be taken to have failed to attend regularly at the school by reason of his absence from the school at any time if the parent proves that at that time the child was prevented from attending by reason of sickness or any unavoidable cause.

• (3) The child shall not be taken to have failed to attend regularly at the school by reason of his absence from the school—

• (a) with leave, or

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) on any day exclusively set apart for religious observance by the religious body to which his parent belongs.

• (3A) Subsections (3B) and (3D) apply where the child's home is in England.

• (3B) The child shall not be taken to have failed to attend regularly at the school if the parent proves that—

• (a) the local authority have a duty to make travel arrangements in relation to the child under section 508B(1) for the purpose of facilitating the child's attendance at the school and have failed to discharge that duty, or

• (b) the local authority have a duty to make travel arrangements in relation to the child by virtue of subsection (2)(c) of section 508E (school travel schemes) for the purpose of facilitating the child's attendance at the school and have failed to discharge that duty.

• (3C) For the purposes of subsection (3B)—

• (a) the reference to “travel arrangements” in paragraph (a) has the same meaning as in section 508B, and

• (b) the reference to “travel arrangements” in paragraph (b) has the same meaning as in paragraph 3 of Schedule 35C.

• (3D) Where the school is an independent school which is not a qualifying school, the child shall not be taken to have failed to attend regularly at the school if the parent proves—

• (a) that the school is not within walking distance of the child's home,

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

• (c) that 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.

• (3E) For the purposes of subsection (3D), “qualifying school” has the same meaning as it has for the purposes of Schedule 35B (meaning of “eligible child” for the purposes of section 508B).

• (3F) Subsection (4) applies where the child's home is in Wales.

• (4) The child is not to be taken to have failed to attend regularly at the school if the parent proves that the local authority have failed to discharge—

• (a) a duty to make transport arrangements in relation to the child under section 3 of the Learner Travel (Wales) Measure 2008, or

• (b) a duty to make travel arrangements in relation to the child under section 4 of that Measure.

• (5) In subsection (3D) “walking distance”—

• (a) in relation to a child who is under the age of eight, means 3.218688 kilometres (two miles), and

• (b) in relation to a child who has attained the age of eight, means 4.828032 kilometres (three miles),

in each case measured by the nearest available route.

• (6) If it is proved that the child has no fixed abode, subsections (3B), (3D) and (4) shall not apply, but it is a defence for the parent to prove —

• (a) that he is engaged in a trade or business of such a nature as to require him to travel from place to place,

• (b) that the child has attended at a school as a registered pupil as regularly as the nature of that trade or business permits, and

• (c) if the child has attained the age of six, that he has made at least 200 attendances during the period of 12 months ending with the date on which the proceedings were instituted.

• (7) In proceedings for an offence under this section in respect of a child who is a boarder at the school at which he is a registered pupil, the child shall be taken to have failed to attend regularly at the school if he is absent from it without leave during any part of the school term unless the parent proves that at that time the child was prevented from being present by reason of sickness or any unavoidable cause.

• (7A) Where—

• (a) a child of compulsory school age has been excluded for a fixed period on disciplinary grounds from a school in England which is—

• (i) a maintained school,

• (ii) a pupil referral unit,

• (iii) an Academy school,

• (iiia) an alternative provision Academy,

• (iv) a city technology college, or

• (v) a city college for the technology of the arts,

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

• (c) the appropriate authority make arrangements for the provision of full-time education for him at the school during the period of exclusion, and

• (d) notice in writing of the arrangements has been given to the child's parent,

the exclusion does not affect the application of subsections (1) to (7) to the child's attendance at the school on any day to which the arrangements relate.

• (7B) In subsection (7A)(c) “the appropriate authority” means—

• (a) in relation to a maintained school, the governing body of the school,

• (b) in relation to a pupil referral unit, the local authority, and

• (c) in relation to any school mentioned in subsection (7A)(a)(iii) to (v), the proprietor of the school.

• (8) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (8A) A person guilty of an offence under subsection (1A) is liable on summary conviction—

• (a) to a fine not exceeding level 4 on the standard scale, or

• (b) to imprisonment for a term not exceeding three months,

or both.

• (8B) If, on the trial of an offence under subsection (1A), the court finds the defendant not guilty of that offence but is satisfied that he is guilty of an offence under subsection (1), the court may find him guilty of that offence.

• (9) In this section “leave”, in relation to a school, means leave granted by any person authorised to do so by the governing body or proprietor of the school.

Application of section 444 to alternative educational provision

444ZA

• (1) Where, in the case of a child of compulsory school age who is not a registered pupil at any school—

• (a) a local authority has made arrangements under section 19 for the provision of education for him otherwise than at a school or at his home, and

• (b) notice in writing of the arrangements has been given to the child's parent,

subsections (1) to (7) of section 444 have effect as if the place at which the education is provided were a school and the child were a registered pupil at that school.

• (1A) Where—

• (a) a child of compulsory school age has been excluded for a fixed period on disciplinary grounds from a relevant school in England,

• (b) the child remains for the time being a registered pupil at the school,

• (c) the appropriate authority for the school has made arrangements under section 19 above or section 100 of the Education and Inspections Act 2006 for the provision of full-time education for the child otherwise than at the school or at the child's home during the period of exclusion, and

• (d) notice in writing of the arrangements has been given to the child's parent,

subsections (1) to (7) of section 444 have effect during that period as if the child were not a registered pupil at the school and as if the place at which the education is provided were a school and the child were a registered pupil at that school (so far as that would not otherwise be the case).

• (1B) Where—

• (a) a child of compulsory school age who is a registered pupil at a relevant school in England is required by the appropriate authority for the school to attend at a place outside the school premises for the purpose of receiving any educational provision, and

• (b) notice in writing of the requirement has been given to the child's parent,

subsections (1) to (7) of section 444 have effect as if the place at which the child is required to attend were a school and the child were a registered pupil at that school (in addition to being a registered pupil at the school mentioned in paragraph (a)).

• (1C) Subsection (1B) does not apply if—

• (a) the place at which the child is required to attend is another relevant school (whether in England or elsewhere), and

• (b) the child is a registered pupil at that other school.

• (1D) In relation to a maintained school , a pupil referral unit or an Academy—

• (a) references in subsection (1A) to exclusion are references to exclusion under section 51A of the Education Act 2002, and

• (b) the requirement referred to in subsection (1B) is a requirement imposed under section 29(3) or 29A(1) of that Act,

For provision about the application of sections 29A and 51A of the Education Act 2002 in relation to Academies, see sections 29A(5) and 51A(12) of that Act.

• (2) Where—

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

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

• (c) he is required by the appropriate authority for the school to attend at a place outside the school premises for the purpose of receiving any instruction or training, and

• (d) notice in writing of the requirement has been given to the child's parent,

subsections (1) to (7) of section 444 have effect as if the place at which the child is required to attend were a school and the child were a registered pupil at that school (and not at the school mentioned in paragraph (b)).

• (3) In relation to a maintained school or a pupil referral unit—

• (a) the reference in subsection (2)(a) to exclusion is a reference to exclusion under section 52 of the Education Act 2002, and

• (b) the requirement referred to in subsection (2)(c) is a requirement imposed under section 29(3) of that Act.

• (4) A child shall not be taken to have failed to attend regularly—

• (a) in a case falling within subsection (1) or (1A), at the place at which education is provided for him, or

• (b) in a case falling within subsection (1B) or (2), at the place at which he is required to attend,

unless he has failed to attend regularly since the giving of the notice mentioned in subsection (1)(b), (1A)(d), (1B)(b) or (2)(d).

• (5) Section 572, which provides for the methods by which notices may be served under this Act, does not preclude the notice mentioned in subsection (1)(b), (1A)(d), (1B)(b) or (2)(d) from being given to a child's parent by any other effective method.

• (6) In proceedings for an offence under section 444 in a case falling within subsection (1) or (1A) of this section, it is a defence for the parent to prove that the child is receiving suitable education otherwise than by regular attendance at a school or at the place mentioned in subsection (1) or (1A).

• (7) In section 444 “leave”—

• (a) in relation to a place at which education is provided as mentioned in subsection (1) of this section, means leave granted by any person authorised to do so by the local authority;

• (aa) in relation to a place at which education is provided as mentioned in subsection (1B)(a) or (1A) of this section, means leave granted by any person authorised to do so by the appropriate authority for the school;

• (b) in relation to a place at which a child is required to attend as mentioned in subsection (1B)(a) or (2)(c) of this section, means leave granted by any person authorised to do so by the appropriate authority for the school.

• (8) In this section—

• (a) “relevant school” means—

• (i) a maintained school,

• (ii) a pupil referral unit,

• (iii) an Academy school,

• (iiia) an alternative provision Academy,

• (iv) a city technology college, or

• (v) a city college for the technology of the arts;

• (b) “appropriate authority” means—

• (i) in relation to a maintained school, the governing body,

• (ii) in relation to a pupil referral unit, the local authority, and

• (iii) in relation to a school falling within paragraph (a)(iii),(iiia), (iv) or (v), the proprietor of the school.

Penalty notice in respect of failure to secure regular attendance at school of registered pupil

444A

• (1) Where an authorised officer has reason to believe—

• (a) that a person has committed an offence under section 444(1), and

• (b) that the offence relates—

• (i) to a relevant school ...

• (ii) in a case falling within subsection (1) of section 444ZA, to a place at which education is provided by a local authority ...

• (iii) in a case falling within subsection (1A) of that section, to a place at which education is provided for a child in the circumstances mentioned in that subsection, or

• (iv) in a case falling within subsection (1B) of that section, to a place at which a child is required to attend in the circumstances mentioned in that subsection,

he may give the person a penalty notice in respect of the offence.

• (2) A penalty notice is a notice offering a person the opportunity of discharging any liability to conviction for the offence under section 444(1) to which the notice relates by payment of a penalty in accordance with the notice.

• (3) Where a person is given a penalty notice, proceedings for the offence to which the notice relates (or an offence under section 444(1A) arising out of the same circumstances) may not be instituted before the end of such period as may be prescribed.

• (4) Where a person is given a penalty notice, he cannot be convicted of the offence to which the notice relates (or an offence under section 444(1A) arising out of the same circumstances) if he pays a penalty in accordance with the notice.

• (5) Penalties under this section shall be payable to local authorities ...

• (6) Sums received by a local authority under this section may be used by the authority for the purposes of any of its functions which may be specified in regulations but, to the extent that they are not so used, must be paid in accordance with regulations to the Secretary of State.

Penalty notices: supplemental

444B

• (1) Regulations may make—

• (a) provision as to the form and content of penalty notices,

• (b) provision as to the monetary amount of any penalty and the time by which it is to be paid,

• (c) provision for determining the local authority to which a penalty is payable,

• (d) provision as to the methods by which penalties may be paid,

• (e) provision as to the records which are to be kept in relation to penalty notices,

• (f) provision as to the persons who may be authorised by a local authority or a head teacher to give penalty notices,

• (g) provision limiting the circumstances in which authorised officers of a prescribed description may give penalty notices,

• (h) provision for or in connection with the withdrawal, in prescribed circumstances, of a penalty notice, including—

• (i) repayment of any amount paid by way of penalty under a penalty notice which is withdrawn, and

• (ii) prohibition of the institution or continuation of proceedings for the offence to which the withdrawn notice relates (and any offence under section 444(1A) arising out of the same circumstances),

• (i) provision for a certificate—

• (i) purporting to be signed by or on behalf of a prescribed person, and

• (ii) stating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate,

to be received in evidence of the matters so stated,

• (j) provision as to the action to be taken if a penalty is not paid in accordance with a penalty notice,

• (k) provision for or in connection with the preparation of codes of conduct in relation to the giving of penalty notices,

• (l) such other provision in relation to penalties or penalty notices as the Secretary of State thinks necessary or expedient.

• (2) Without prejudice to the generality of subsection (1) or section 569(4), regulations under subsection (1)(b) may make provision for penalties of different amounts to be payable in different cases or circumstances (including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid).

• (3) Local authorities, head teachers and authorised officers shall, in carrying out their functions in relation to penalty notices, have regard to any guidance which is published by the Secretary of State from time to time in relation to penalty notices.

• (4) In this section and section 444A—

• “authorised officer” means—a constable,an officer of a local authority ... who is authorised by the authority to give penalty notices, oran authorised staff member,

• “authorised staff member” means—a head teacher of a relevant school ..., ora member of the staff of a relevant school ... who is authorised by the head teacher of the school to give penalty notices,

• “penalty” means a penalty under a penalty notice,

• “penalty notice” has the meaning given by section 444A(2),

• “relevant school” means—a maintained school,a pupil referral unit, an Academy school, an alternative provision Academy,a city technology college, ora city college for the technology of the arts.

Presumption of age.

445

• (1) This section applies for the purposes of any proceedings for an offence under section 443 or 444.

• (2) In so far as it is material, the child in question shall be presumed to have been of compulsory school age at any time unless the parent proves the contrary.

• (3) Where a court is obliged by virtue of subsection (2) to presume a child to have been of compulsory school age, section 565(1) (provisions as to evidence) does not apply.

Institution of proceedings.

446

Proceedings for an offence under section 443 or 444 shall not be instituted except by a local authority.

Education supervision orders.

447

• (1) Before instituting proceedings for an offence under section 443 or 444, a local authority shall consider whether it would be appropriate (instead of or as well as instituting the proceedings) to apply for an education supervision order with respect to the child.

• (2) The court—

• (a) by which a person is convicted of an offence under section 443, or

• (b) before which a person is charged with an offence under section 444,

may direct the local authority instituting the proceedings to apply for an education supervision order with respect to the child unless the authority ... decide that the child’s welfare will be satisfactorily safeguarded even though no education supervision order is made.

• (2A) A local authority may not make a decision as mentioned in subsection (2) unless—

• (a) they are the appropriate local authority, or

• (b) they have consulted that authority.

• (3) Where, following a direction under subsection (2), a local authority decide not to apply for an education supervision order, they shall inform the court of the reasons for their decision.

• (4) Unless the court has directed otherwise, the information required under subsection (3) shall be given to the court before the end of the period of eight weeks beginning with the date on which the direction was given.

• (5) Where—

• (a) a local authority apply for an education supervision order with respect to a child who is the subject of a school attendance order, and

• (b) the court decides that section 36(3) of the Children Act 1989 (education supervision orders) prevents it from making the order,

the court may direct that the school attendance order shall cease to be in force.

• (6) In this section—

• “the appropriate local authority” has the same meaning as in section 36(9) of the Children Act 1989, and

• “education supervision order” means an education supervision order under that Act.

Exemption

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

448

Chapter III — Charges in connection with education at maintained schools

Preliminary

Meaning of “maintained school” in Chapter III.

449

In this Chapter “maintained school” means any school maintained by a local authority .

Prohibition of charges

Prohibition of charges for admission.

450

• (1) No charge shall be made in respect of admission to a maintained school.

• (2) Subsection (1) does not apply to the admission of any person to any maintained school for the purpose of—

• (a) part-time education suitable to the requirements of persons of any age over compulsory school age;

• (b) full-time education suitable to the requirements of persons who have attained the age of 19; or

• (c) training for members of the school workforce.

• (3) In subsection (2)(c), the reference to training for members of the school workforce is to be read in accordance with sections 96(1) and 100 of the Education Act 2005.

Prohibition of charges for provision of education.

451

• (1) ... This section applies in relation to education provided at any maintained school for a registered pupil at the school.

• (2) Where the education is provided for the pupil during school hours no charge shall be made in respect of it.

• (2A) Regulations may, in relation to England, prescribe circumstances in which subsection (2) does not apply in relation to education which is early years provision (as defined by section 20 of the Childcare Act 2006) other than —

• (a) early years provision provided in pursuance of the duty imposed by section 7 of that Act, ...

• (b) early years provision for a pupil who is of compulsory school age. or

• (c) early years provision provided under arrangements made by a local authority in pursuance of any duty imposed under section 2 of the Childcare Act 2016 (whether or not the local authority provides the early years provision).

• (3) Subsection (2) does not apply in relation to tuition in playing a musical instrument where the tuition is provided either individually or to a group of not more than four pupils, unless the tuition is—

• (a) required as part of a syllabus for a prescribed public examination which is a syllabus for which the pupil is being prepared at the school, or

• (b) provided in pursuance of a duty imposed by or under the Curriculum and Assessment (Wales) Act 2021.

Regulations may prescribe circumstances in which subsection (2) does not apply in relation to tuition in singing or in playing a musical instrument.

• (4) Where the education is provided for the pupil outside school hours no charge shall be made in respect of it if it is—

• (a) required as part of a syllabus for a prescribed public examination which is a syllabus for which the pupil is being prepared at the school, or

• (b) provided in pursuance of a duty imposed by section 88 or 109 of the Education Act 2002 or section 69 of the School Standards and Framework Act 1998 or

• (c) provided in pursuance of the duty imposed by section 7 of the Childcare Act 2006 , or

• (d) provided in pursuance of a duty imposed by or under the Curriculum and Assessment (Wales) Act 2021.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of section 451 where education is provided partly during and partly outside school hours etc.

452

• (1) Where a period allowed for any educational activity at a maintained school falls partly during school hours and partly outside school hours, then—

• (a) if 50 per cent. or more of the time occupied by that period together with any connected school travelling time falls during school hours, so much of the education provided during that period as is provided outside school hours shall be treated for the purposes of section 451 as provided during school hours, and

• (b) in any other case, so much of the education provided during that period as is provided during school hours shall be treated for those purposes as provided outside school hours.

• (2) In subsection (1) “connected school travelling time” means time spent during school hours by the pupils taking part in the educational activity concerned in getting to or from the place where the activity takes place.

• (3) Where any education provided at a maintained school is provided on a residential trip, then—

• (a) if the number of school sessions taken up by the trip is equal to or greater than 50 per cent. of the number of half days spent on the trip, any education provided on the trip which is provided outside school hours shall be treated for the purposes of section 451 as provided during school hours, and

• (b) in any other case, any education provided on the trip which is provided during school hours shall be treated for those purposes as provided outside school hours.

• (4) In this section “half day” means any period of 12 hours ending with noon or midnight on any day.

• (5) For the purposes of subsection (3)—

• (a) where 50 per cent. or more of a half day is spent on a residential trip, the whole of that half day shall be treated as spent on the trip, and

• (b) a school session on any day on which such a session takes place at the school concerned shall be treated as taken up by a residential trip if the time spent on the trip occupies 50 per cent. or more of the time allowed for that session at the school.

• (6) Nothing in section 451 shall be read as prohibiting the making of a charge in respect of board and lodging provided for a registered pupil at a maintained school on a residential trip.

Examinations: prohibition of charges and recovery of wasted fees.

453

• (1) No charge shall be made in respect of the entry of a registered pupil at a maintained school for a prescribed public examination in any syllabus for that examination for which the pupil has been prepared at the school.

• (2) Despite subsection (1), where—

• (a) the governing body of a maintained school or the local authority have paid or are liable to pay a fee in respect of the entry of a registered pupil at the school for a public examination in any syllabus for that examination, and

• (b) the pupil fails without good reason to meet any examination requirement for that syllabus,

that body or authority may recover the amount of the fee from the pupil’s parent.

• (3) It shall be for the body or authority who have paid or are liable to pay the fee in question to determine for the purposes of this section any question whether a pupil who has failed to meet an examination requirement had good reason for the failure.

Prohibition of incidental charges.

454

• (1) Neither the parent of a registered pupil at a maintained school nor the pupil himself shall be required to pay for or supply any materials, books, instruments or other equipment for use for the purposes of or in connection with—

• (a) education provided for the pupil at the school in respect of which, by virtue of section 451, no charge may be made, or

• (b) a syllabus for a prescribed public examination which is a syllabus for which the pupil has been prepared at the school.

• (2) Nothing in subsection (1) shall prevent the parent of a pupil from being required to pay for or supply any materials for use for the purposes of the production, in the course of the provision of education for the pupil at the school, of any article incorporating those materials, where the parent has indicated before that requirement is made that he wishes the article to be owned by him or by the pupil.

• (3) No charge shall be made in respect of transport provided for a registered pupil at a maintained school where the transport is either—

• (a) incidental to education provided for the pupil at the school in respect of which, by virtue of section 451, no charge may be made, or

• (b) provided for the purpose of enabling him to meet any examination requirement for any syllabus for a prescribed public examination which is a syllabus for which he has been prepared at the school.

• (4) For the purposes of subsection (3)(a) transport is incidental to education provided for registered pupils at a school if it is provided for the purpose of carrying such pupils—

• (a) to or from any part of the school premises in which education is provided for those pupils, from or to any other part of those premises, or

• (b) to or from any place outside the school premises in which education is provided for those pupils under arrangements made by or on behalf of the governing body or the local authority, from or to the school premises or any other such place.

Permitted charges

Permitted charges.

455

• (1) Subject to subsection (2), a charge may be made in respect of—

• (a) education provided for a registered pupil at a maintained school other than education in respect of which, by virtue of section 451, no charge may be made,

• (b) the entry of a registered pupil at a maintained school for a public examination in any syllabus for that examination otherwise than in circumstances in which, by virtue of section 453(1), no charge may be made,

• (ba) travel arrangements provided under section 6 of the Learner Travel (Wales) Measure 2008 (“the Measure”) for a registered pupil at a maintained school in Wales, other than arrangements in respect of which, by virtue of section 454(3) of this Act or sections 3 or 4 of the Measure, no charge may be made,

• (c) transport provided for a registered pupil at a maintained school in England other than transport in respect of which, by virtue of section 454(3) or 508B(1), 508F(3) ..., or section 508E(2)(d) and paragraph 5(2) of Schedule 35C, , no charge may be made, and

• (d) board and lodging provided for a registered pupil at a maintained school on a residential trip.

• (2) A charge may not be made—

• (a) by virtue of subsection (1)(a) in respect of the provision for a pupil of education,

• (b) by virtue of subsection (1)(b) in respect of the entry of a pupil for an examination in any syllabus for that examination, ...

• (ba) by virtue of subsection (1)(ba) in respect of the provision for a pupil of travel arrangements, or

• (c) by virtue of subsection (1)(c) in respect of the provision for a pupil of transport,

unless the education is provided, the pupil is entered for the examination in that syllabus, or the transport is provided, by agreement with the pupil’s parent.

• (3) Any education, examination entry travel arrangements, or transport in respect of which a charge may be made by virtue of subsection (1) is referred to in this Chapter as an “optional extra”.

Regulation of permitted charges.

456

• (1) This section applies in relation to any charge permitted under section 455 . . .; and a charge to which this section applies is referred to in this section as a “regulated charge”.

• (2) The amount of any regulated charge shall be payable by the parent of the pupil concerned.

• (3) A regulated charge , except any charge permitted by virtue of section 455(1)(ba), shall not exceed the cost of the provision of the optional extra or the board and lodging in question.

• (4) Without prejudice to the generality of subsection (3), the cost of the provision of an optional extra includes costs, or an appropriate proportion of the costs—

• (a) incurred in respect of the provision of any materials, books, instruments or other equipment used for the purposes of or in connection with the provision of the optional extra, or

• (aa) attributable to the provision of the buildings and accommodation used in connection with the provision of the optional extra, or

• (b) attributable to the provision of non-teaching staff for any purpose connected with the provision of the optional extra, or

• (c) attributable to the provision of teaching staff engaged under contracts for services for the purpose of providing it.

• (5) Subject to subsections (6) and (6A) , the cost of the provision of an optional extra shall not be taken to include any costs attributable to the provision of teaching staff other than staff engaged as mentioned in subsection (4)(c).

• (6) Where the optional extra in question consists of tuition in singing or in playing a musical instrument, the cost of its provision shall include costs, or an appropriate proportion of the costs, attributable to the provision of teaching staff employed for the purpose of providing the tuition.

• (6A) Where the optional extra in question consists of education which is early years provision (as defined by section 20 of the Childcare Act 2006), the cost of its provision includes the costs, or an appropriate proportion of the costs, attributable to the provision of teaching staff employed for the purpose of providing the education.

• (7) Where charging is permitted under section 455 and the charge would be a regulated charge, the question whether any charge should be made, and the amount of any charge to be made, shall be determined—

• (a) in a case where the cost of the provision of the optional extra or board and lodging in question is met by or from funds at the disposal of the governing body, by the governing body, and

• (b) in any other case, by the local authority.

• (8) The whole or any part of the amount of any charge which the local authority determine under subsection (7)(b) to make—

• (a) shall, if the governing body so determine, be met by or from funds at the disposal of the governing body, and

• (b) to the extent that it is so met, shall not be payable by the parent of the pupil concerned.

Charges and remissions policies.

457

• (1) Every governing body of a maintained school and every local authority shall determine and keep under review a policy with respect to—

• (a) the provision of, and

• (b) the classes or descriptions of case in which they propose to make charges for,

any optional extra or board and lodging in respect of which charges are permitted by section 455.

. . .

• (2) No such body or authority shall make such a charge unless they have both—

• (a) determined a policy under subsection (1)(b) (their “charging policy”), and

• (b) determined a policy (their “remissions policy”) setting out any circumstances in which they propose to remit (in whole or in part) any charge which would otherwise be payable to them in accordance with their charging policy.

• (3) A remissions policy determined by the governing body of a school . . . shall set out any circumstances in which the governing body propose to meet (in whole or in part) any charge payable to the local authority, in accordance with the authority’s charging policy, for an optional extra or board and lodging provided for a registered pupil at the school.

• (4) A remissions policy shall provide for complete remission of any charges otherwise payable in respect of board and lodging provided for a pupil on a residential trip if—

• (a) the education provided on the trip is education in respect of which, by virtue of section 451, no charge may be made, and

• (b) the pupil’s parent is—

• (ai) in receipt of universal credit in such circumstances as may be prescribed for the purposes of this paragraph,

• (i) in receipt of income support,

• (ii) in receipt of an income-based jobseeker’s allowance (payable under the Jobseekers Act 1995), or

• (iia) in receipt of an income-related employment and support allowance,

• (iii) in receipt of any other benefit or allowance, or entitled to any tax credit under the Tax Credits Act 2002 or element of such a tax credit, prescribed for the purposes of this paragraph, in such circumstances as may be so prescribed,

in respect of any period wholly or partly comprised in the time spent on the trip.

• (5) A remissions policy shall be kept under review by the governing body or local authority by whom it was determined.

Charges for board and lodging at boarding schools.

458

• (1) Subject to subsections (2) to (5) and section 49 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, where a registered pupil at a maintained school is provided at the school with board and lodging, there shall be payable in respect of the board and lodging by the parent of the pupil concerned, to the local authority, charges not exceeding the cost to the authority . . . of providing the board and lodging.

• (2) Where—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) the local authority for that pupil’s area are of the opinion that education suitable to his age, ability and aptitude and to any special educational needs he may have cannot otherwise be provided for him,

then, where the school is maintained by the local authority for his area, that authority shall remit the whole of the charges payable under this section and, in any other case, that authority shall pay the whole of the charges payable under this section to the authority which maintain the school.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Where the local authority for the pupil’s area are satisfied that payment of the full charges payable under this section would involve financial hardship to the parent of the pupil concerned, the authority—

• (a) in the case of charges payable to the authority, shall remit so much of those charges as falls in accordance with subsection (5) to be so remitted, and

• (b) in the case of charges payable to another local authority . . . in respect of board and lodging, shall pay so much of those charges as falls in accordance with subsection (5) to be so paid.

• (5) The amount that falls to be remitted or paid by a local authority by virtue of subsection (4)(a) or (b) is—

• (a) such part of the charges in question as the authority consider ought not to be paid by the pupil’s parent in order to avoid such hardship as is mentioned in subsection (4), or

• (b) the whole of those charges if, in their opinion, such hardship cannot otherwise be avoided.

• (6) In its application to a local authority in Wales, references in this section to special educational needs are to be interpreted as references to additional learning needs.

Supplementary

Provision of information.

459

Regulations may require, in relation to every maintained school, the local authority, the governing body or the head teacher to make available either generally or to prescribed persons, in such form and manner and at such times as may be prescribed—

• (a) such information relevant for the purposes of this Chapter as to the school hours at the school, and

• (b) such information as to the policies determined under section 457 which apply in relation to the school,

as may be prescribed.

Contributions and charges unaffected by Chapter III.

460

• (1) Nothing in this Chapter shall be read as prohibiting or in any way restricting or regulating any request or invitation by or on behalf of the governing body of a maintained school or a local authority for voluntary contributions for the benefit of the school or any school activities.

• (2) Any request or invitation made by or on behalf of such a body or authority for contributions for the benefit of a school or school activities shall not be regarded for the purposes of subsection (1) as a request or invitation for voluntary contributions unless it is clear from the terms in which it is made—

• (a) that there is no obligation to make any contribution, and

• (b) that registered pupils at the school will not be treated differently according to whether or not their parents have made any contribution in response to the request or invitation.

• (3) Nothing in this Chapter relating to charges in respect of a registered pupil at a maintained school shall be read as relating to—

• (a) charges made by persons other than the governing body or the local authority, or

• (b) charges to be paid by persons other than the parent of the pupil or the pupil himself.

Recovery of sums as civil debt.

461

Any sum payable under section 453(2), 455 or 458 by the parent of a registered pupil at a maintained school shall be recoverable summarily as a civil debt.

Interpretation of Chapter III.

462

• (1) In this Chapter—

• “equipment” does not include clothing;

• “examination requirement”, in relation to a syllabus for an examination, means a requirement which a pupil must meet in order to qualify for assessment for the purposes of determining his achievements in that examination in that syllabus.

• (2) In this Chapter “residential trip” means any trip—

• (a) which is arranged for registered pupils at a maintained school by or on behalf of the governing body or the local authority, and

• (b) which requires the pupils taking part to spend one or more nights away from their usual overnight accommodation.

• (3) For the purposes of this Chapter, a pupil shall be regarded as having been prepared at a school for a syllabus for a prescribed public examination if any part of the education provided with a view to preparing him for that examination in that syllabus has been provided for him at that school.

• (4) In this Chapter references to a public examination (or a prescribed public examination) are references to such an examination as it applies in relation to persons who are entered for a syllabus for that examination with a view to meeting the examination requirements for that syllabus so as to qualify for assessment for the purposes of determining their achievements in that examination on any particular occasion in any year when an assessment takes place.

• (5) For the purposes of subsection (4)—

• (a) “an assessment” means an assessment for the purposes of determining the achievements of persons entered for the examination in question; and

• (b) such an assessment is to be regarded as taking place on any occasion on which it is determined in relation to each person entered for any syllabus in that examination who has met the examination requirements for that syllabus—

• (i) whether he has passed or failed, and

• (ii) if grades are assigned for the purposes of the examination, the grade to be assigned in his case.

Part VII — Independent Schools

Chapter I — Preliminary

Alteration to definition of “independent school”

463

• (1) In this Act “independent school” means any school at which full-time education is provided for—

• (a) five or more pupils of compulsory school age, or

• (b) at least one pupil of that age for whom an EHC plan is maintained or for whom a statement is maintained under section 324 or an individual development plan is maintained, or who is looked after by a local authority (within the meaning of section 22 of the Children Act 1989 or section 74 of the Social Services and Well-being (Wales) Act 2014),

and which is not a school maintained by a local authority non-maintained special school.

• (2) For the purposes of subsection (1)(a) and (b) it is immaterial if full-time education is also provided at the school for pupils under or over compulsory school age.

Chapter II — Registration of independent schools

Registration

Separate registration for England and for Wales.

464

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

Provisional and final registration of a school.

465

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

Enforcement of registration: offences.

466

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

Provision of information about registered and provisionally registered schools.

467

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

School may be struck off for contravention of regulations about employment of teachers.

468

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

Complaints about registered and provisionally registered schools

Notice of complaint by Secretary of State.

469

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

Determination of complaint by an Independent Schools Tribunal.

470

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

Determination of complaint by Secretary of State.

471

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

Effect of personal disqualification.

472

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

Enforcement of disqualification.

473

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

Removal of disqualification: persons no longer unsuitable to work with children.

473A

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

Conditions for application under section 473A.

473B

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

Removal of disqualification: other cases.

474

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

Duty of Registrar to comply with order for the deletion of a school from the register.

475

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

Independent Schools Tribunals

Constitution and proceedings of Independent Schools Tribunals.

476

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

Supplementary

Disqualification in Scotland.

477

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

Offences: institution of proceedings and punishment.

478

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

Chapter III — Assisted places at independent schools

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

479

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

480

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

481

Chapter IV — City colleges

Academies

482

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

City colleges: financial provisions.

483

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

City colleges and academies: special educational needs and additional learning needs.

483A

• (1) This section applies in relation to any child falling within subsection (2) if the condition in subsection (3) is satisfied.

• (2) A child falls within this subsection if—

• (a) he is a child for whom an EHC plan or a statement under section 324 is maintained is maintained by a local authority in England, or for whom an individual development plan is maintained by a local authority in Wales, and

• (b) he attends (or proposes to attend) a school which is a city technology college, a city college for the technology of the arts or an Academy .

• (3) The condition in this subsection is satisfied if—

• (a) the EHC plan is maintained by a local authority in England, or

• (b) the statement is maintained by a local authority in Wales and the Welsh Ministers consent to the child being educated at the school.

• (4) The appropriate national authority may by regulations make provision for securing that arrangements are made—

• (a) for making the special educational provision specified in the plan or the statement the EHC plan, or for making the additional learning provision specified in the individual development plan (as the case may be);

• (b) for making any non-educational provision specified in the plan or the statement the EHC plan or the individual development plan.

• (5) Regulations under subsection (4) may require or authorise a local authority—

• (a) to make payments to the school in respect of the child, or

• (b) to provide any other assistance to the school in respect of the child.

• (6) No condition or requirement imposed by virtue of section 482(4)(a) is to prevent a local authority making payments or providing assistance by virtue of subsection (5).

• (6A) In subsection (4) “the appropriate national authority” means—

• (a) in relation to a school in England, the Secretary of State;

• (b) in relation to a school in Wales, the Welsh Ministers.

• (7) This section does not apply to schools in Wales.

Part VIII — Grants and other financial matters

Grants

Education standards grants.

484

• (1) The National Assembly for Wales may pay grants, known as education standards grants, to local authorities in Wales in respect of eligible expenditure incurred or to be incurred by them.

• (2) In this section “eligible expenditure” means expenditure of any class or description for the time being specified in regulations, being expenditure for or in connection with educational purposes which it appears to the National Assembly for Wales that local authorities should be encouraged to incur in the interests of education in ... Wales.

• (3) The regulations shall provide that any education standards grant payable in pursuance of the regulations—

• (a) shall only be payable in respect of eligible expenditure incurred or to be incurred by a local authority in a financial year to the extent to which that expenditure is approved for that year by the National Assembly for Wales for the purposes of the regulations, and

• (b) shall be payable at such rate as may be specified in the regulations.

• (4) The regulations may provide for the time and manner of payment of any education standards grant.

• (5) The regulations may provide for expenditure incurred or to be incurred by any local authority in making payments, whether by way of maintenance, assistance or otherwise, to any body or persons who incur expenditure for or in connection with educational purposes (including another local authority) to be treated, in such circumstances as may be specified in the regulations, as eligible expenditure.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) Nothing in section 29(1) or 507 applies in relation to any function of the National Assembly for Wales under this section or under section 489 so far as it relates to regulations under this section; and nothing in sections 495 to 497 section 495 or in Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 applies in relation to any function arising by virtue of section 489 so far as it relates to such regulations.

Grants in aid of educational services or research.

485

Regulations shall make provision for the payment by the Secretary of State to persons other than local authorities of grants in respect of expenditure incurred or to be incurred by them—

• (a) for the purposes of, or in connection with, the provision (or proposed provision) of educational services, or

• (b) for the purposes of educational research.

Grants to bodies whose objects are promotion of learning or research.

486

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

Grants for education in Welsh.

487

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

Grants for education of travellers and displaced persons.

488

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

Conditions as to payment of grants under sections 484 to 488.

489

• (1) Regulations made under any of sections 484 to 488 may provide—

• (a) for the payment of grant under the regulations to be dependent on the fulfilment of such conditions as may be determined by or in accordance with the regulations, and

• (b) for requiring persons to whom payments have been made under the regulations to comply with such requirements as may be so determined.

• (2) Conditions and requirements determined under subsection (1)(a) and (b) by or in accordance with regulations made under section 484 may include conditions and requirements obliging the local authority in question to delegate decisions about the spending of—

• (a) education standards grant, and

• (b) amounts allocated by the authority to meet eligible expenditure (within the meaning of that section) which is approved by the Secretary of State,

to such persons as may be determined by or in accordance with the regulations.

• (3) The Secretary of State may by order make such modifications of any trust deed or other instrument relating to or regulating any institution that—

• (a) provides or is concerned in the provision of educational services, or

• (b) is concerned in educational research,

as, after consultation with the persons responsible for the management of the institution, appear to him to be requisite to enable them to fulfil any condition or meet any requirement imposed by regulations under section 485.

• (4) Any modification made by an order under subsection (3) may be made to have permanent effect or to have effect for such period as may be specified in the order.

Grants in respect of special provision for ethnic minorities.

490

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

Payment of fees etc.

Payment of school fees and expenses.

491

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

Recoupment

Recoupment: adjustment between local authorities.

492

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

Recoupment: cross-border provisions.

493

• (1) Regulations may make provision requiring or authorising payments of amounts determined by or under the regulations to be made by one authority to another where—

• (a) the authority receiving the payment makes, in such cases or circumstances as may be specified in the regulations, provision for education in respect of a person having such connection with the area of the paying authority as may be so specified, and

• (b) one of the authorities is a local authority and the other an education authority in Scotland.

• (2) Subsection (3) of section 207 of the Education Act 2002 (recoupment: adjustment between local authorities) shall apply for the purposes of this section as it applies for the purposes of that section, but with the omission of the reference to the National Assembly for Wales.

• (2A) The regulations may provide for the amounts payable by one authority to another, in such cases as may be specified by or under the regulations, to be such amounts as may be determined by the Secretary of State.

• (3) Any question concerning the connection of any person with the area of a particular local authority or education authority shall be decided in accordance with the regulations.

• (4) In subsection (1) “provision for education” includes provision of any benefits or services for which provision is made by or under this Act or any other enactment relating to education.

Recoupment: excluded pupils.

494

• (1) Subsection (2) applies where a pupil is permanently excluded from any school maintained by a local authority (“the old authority”) and, in the funding period in which the exclusion first takes effect, he is subsequently provided with education by another local authority (“the new authority”), whether at a school maintained by that authority or otherwise than at school.

• (2) The old authority shall pay to the new authority, in connection with the provision of education for that pupil in that funding period , such amount, if any, as is payable in accordance with regulations.

• (3) Where a pupil is permanently excluded from any school maintained by a local authority and, in the funding period in which the exclusion first takes effect, the following events subsequently occur—

• (a) he is first provided by another local authority (“the intermediate authority”) with education in a pupil referral unit or otherwise than at school, and

• (b) at any time afterwards he is provided with education by a local authority other than the intermediate authority (“the last authority”), whether at a school maintained by that authority or otherwise than at school,

then, in connection with the provision of the education mentioned in paragraph (b), subsection (2) shall apply to the intermediate authority and the last authority as if they were an old authority and a new authority respectively.

• (4) Any dispute as to whether any local authority are entitled to be paid any amount under this section by any other such authority shall be determined by the Secretary of State.

• (5) Regulations may prescribe the time when the permanent exclusion of a pupil is to be regarded as taking effect for the purposes of this section.

• (6) In this section “funding period” has the meaning given by section 45(1B) of the School Standards and Framework Act 1998.

Part IX — Ancillary functions

Chapter I — Ancillary functions of Secretary of State

General functions

Determination of disputes.

495

• (1) Except where this Act expressly provides otherwise, any dispute between a local authority and the governing body of a school as to the exercise of any power conferred or the performance of any duty imposed by or under this Act may be referred to the Secretary of State (despite any enactment which makes the exercise of the power or the performance of the duty contingent upon the opinion of the authority or of the governing body).

• (2) The Secretary of State shall determine any dispute referred to him under subsection (1).

• (3) Any dispute between two or more local authorities as to which of them is responsible for the provision of education for any pupil shall be determined by the Secretary of State.

Power to prevent unreasonable exercise of functions.

496

• (1) If the Secretary of State is satisfied (either on a complaint by any person or otherwise) that a body to which this section applies have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under this Act, he may give such directions as to the exercise of the power or the performance of the duty as appear to him to be expedient (and may do so despite any enactment which makes the exercise of the power or the performance of the duty contingent upon the opinion of the body).

• (2) The bodies to which this section applies are—

• (a) any local authority in England, and

• (b) the governing body of any community, foundation or voluntary school in England, of any community or foundation special school in England, or of any maintained nursery school in England.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).

General default powers.

497

• (1) If the Secretary of State is satisfied (either on a complaint by any person interested or otherwise) that a body to which this section applies have failed to discharge any duty imposed on them by or for the purposes of this Act, he may make an order—

• (a) declaring the body to be in default in respect of that duty, and

• (b) giving such directions for the purpose of enforcing the performance of the duty as appear to him to be expedient.

• (2) The bodies to which this section applies are—

• (a) any local authority in England, and

• (b) the governing body of any community, foundation or voluntary school in England, of any community or foundation special school in England, or of any maintained nursery school in England.

• (3) Any directions given under subsection (1)(b) shall be enforceable, on an application made on behalf of the Secretary of State, by an order of mandamus.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).

Power to secure proper performance of local authority’s education functions .

497A

• (1) This section applies to a local authority’s education functions the education functions of a local authority in England .

• (2) If the Secretary of State is satisfied (either on a complaint by any person interested or otherwise) that a local authority are failing in any respect to perform any function to which this section applies to an adequate standard (or at all), he may exercise his powers under subsection ((4), (4A) or (4B)).

• (2A) The Secretary of State may also exercise his powers under subsection (4), (4A) or (4B) where—

• (a) he has given a previous direction under subsection (4), (4A) or (4B) in relation to a local authority in respect of any function towhich this section applies, and

• (b) he is satisfied that it is likely that if no further direction were given under subsection (4), (4A) or (4B) on the expiry or revocation of theprevious direction the authority would fail in any respect to perform that function to an adequate standard (or at all).

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) The Secretary of State may under this subsection give the authority or an officer of the authority such directions as the Secretary of State thinks expedient for the purpose of securing that the function is performed on behalf of the authority by such person as is specified in the direction; and such directions may require that any contract or other arrangement made by the authority with that person contains such terms and conditions as may be so specified.

• (4A) The Secretary of State may under this subsection direct that the function shall be exercised by the Secretary of State or a person nominated by him and that the authorityshall comply with any instructions of the Secretary of State or his nominee in relation to the exercise of the function.

• (4AA) So far as is appropriate in consequence of a direction given under subsection (4A), a reference (however expressed) in an enactment, instrument or other document to a local authority is to be read as a reference to the person by whom the function is exercisable.

• (4AB) Subsection (4AC) applies if a direction given under subsection (4A) expires or is revoked without being replaced.

• (4AC) So far as is appropriate in consequence of the expiry or revocation, a reference (however expressed) in an instrument or other document to the person by whom the function was exercisable is to be read as a reference to the local authority to which the direction was given.

• (4B) The Secretary of State may under this subsection (whether or not he exercises the power conferred by subsection (4) or (4A) in relation to anyfunction) give the authority or an officer of the authority such other directions as the Secretary of State thinks expedient for the purpose of securing that the function isperformed to an adequate standard.

• (5) Where the Secretary of State considers it expedient that—

• (a) in the case of directions given under subsection (4), the person specified in the directions, or

• (b) in the case of directions given under subsection (4A), the Secretary of State or a person nominated by him,

should perform other functions to which this section applies in addition to the function to which subsection (2) or (2A) applies, the directions undersubsection (4) or (4A) may relate to the performance of those other functions as well; and in considering whether it is expedient that that person shouldperform any such additional functions, the Secretary of State may have regard to financial considerations.

• (6) Any direction under this section may either—

• (a) have effect for an indefinite period until revoked by the Secretary of State, or

• (b) have effect for a period specified in the direction unless revoked earlier by the Secretary of State.

• (7) Any direction given under subsection (4), (4A) or (4B) shall be enforceable, on an application made on behalf of the Secretary of State, by an order of mandamus.

• (8) This section is subject to sections 508I and 509AE (complaints about transport arrangements etc).

Power to secure proper performance: duty of authority where directions contemplated

497AA

Where, in relation to any function to which section 497A applies, the Secretary of State—

• (a) is satisfied as mentioned in subsection (2) or (2A)(b) of that section, and

• (b) has notified the local authority that he is so satisfied and that he is contemplating the giving of directions under subsection (4) or (4A) of that section,

the authority shall give the Secretary of State, and any person authorised by him for the purposes of this section, all such assistance, in connection with the proposed exercise of the function by the Secretary of State or another person in pursuance of directions, as they are reasonably able to give.

Power to secure proper performance: further provisions.

497B

• (1) Where the Secretary of State gives directions under section 497A(4) or (4A) to a local authority or to an officer of such an authority, the specified person shall, in the performance of the function or functions specified in the directions, be entitled to exercise the powers conferred by this section.

• (1A) In this section “the specified person” means—

• (a) in relation to directions under section 497A(4), the person specified in the directions, and

• (b) in relation to directions under section 497A(4A), the Secretary of State or the person nominated by him.

• (2) The specified person shall have at all reasonable times—

• (a) a right of entry to the premises of the authority, and

• (b) a right to inspect, and take copies of, any records or other documents kept by the authority, and any other documents containing information relating to the authority, which he considers relevant to the performance of the specified function or functions.

• (3) In exercising the right to inspect records or other documents under subsection (2), the specified person—

• (a) shall be entitled at any reasonable time to have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been in use in connection with the records or other documents in question, and

• (b) may require—

• (i) the person by whom or on whose behalf the computer is or has been so used, or

• (ii) any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material,

to afford him such assistance as he may reasonably require (including, in particular, the making of information available for inspection or copying in a legible form).

• (4) Without prejudice to subsection (2), the authority shall give the specified person all assistance in connection with the performance of the specified function or functions which they are reasonably able to give.

• (5) Subsection (2) shall apply in relation to any school maintained by the authority as it applies in relation to the authority; and without prejudice to that subsection (as it so applies)—

• (a) the governing body of any such school shall give the specified person all assistance in connection with the exercise of his functions which they are reasonably able to give; and

• (b) the governing body of any such school and the authority shall secure that all such assistance is also given by persons who work at the school.

• (6) Any reference in this section to the specified person includes a reference to any person assisting him in the performance of the specified function or functions.

• (7) In this section “document” and “records” each include information recorded in any form.

Academies: power to secure performance of proprietor’s duties

497C

• (1) If the Secretary of State is satisfied that the proprietor of an Academy has breached a duty imposed by Academy arrangements, the Secretary of State may give the proprietor such directions as the Secretary of State considers appropriate to secure the proper performance of the duty.

• (2) Subsection (3) applies (instead of section 572) to the giving of a direction under this section.

• (3) The Secretary of State may give a direction under this section to the proprietor of an Academy by—

• (a) delivering it by hand to the proprietor,

• (b) leaving it at or sending it by post to any address at which the Secretary of State believes, on reasonable grounds, that the notice will come to the attention of the proprietor, or

• (c) sending it to any email address by means of which the Secretary of State believes, on reasonable grounds, that the notice will come to the attention of the proprietor.

• (4) A direction under this section is enforceable, on the application of the Secretary of State, by a mandatory order.

• (5) In this section, a reference to an Academy includes a reference to a city technology college and a city college for the technology of the arts.

Appointment of governors, etc.

Powers where no properly constituted governing body.

498

• (1) Where it appears to the Secretary of State that, by reason of the default of any person, there is no properly constituted governing body of a school to which this section applies, the Secretary of State—

• (a) may make such appointments and give such directions as he thinks desirable for the purpose of securing that there is a properly constituted governing body of that school, and

• (b) may give directions rendering valid any acts or proceedings which in his opinion are invalid or otherwise defective by reason of the default.

• (2) This section applies to any community, foundation or voluntary school or any community or foundation special school.

Membership of education committees

Power to direct appointment of members of education committees.

499

• (1) Subsection (2) applies to any local authorities which in accordance with section 102(1) of the Local Government Act 1972 have appointed any committees wholly or partly for the purpose of discharging any of their education functions .

• (2) The Secretary of State may by directions to any local authorities to which this subsection applies require—

• (a) every such committee, or

• (b) any such committee of a description specified in the direction,

to include persons appointed, in accordance with the directions, for securing the representation on the committee of persons who appoint foundation governors for voluntary schools in the area for which the committee acts.