Legalize / United Kingdom / Public General Act

Education Act 1996

Type Public General Act

Publication 1996-07-24

Last updated 2026-08-18

State In force

Department Statute Law Database

Source legislation.gov.uk

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(3A) References in this Act to a person who is “in the area” of a local authority in England do not include a person who is wholly or mainly resident in the area of a local authority in Wales or who would be wholly or mainly resident in the area of a local authority in Wales were it not for provision secured for the person under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018.

(3B) References in this Act to a person who is “in the area” of a local authority in Wales do not include a person who is wholly or mainly resident in the area of a local authority in England or who would be wholly or mainly resident in the area of a local authority in England were it not for provision secured for the person under Part 3 of the Children and Families Act 2014.

(3C) The Welsh Ministers may make further provision by regulations about the meaning of references in this Act to a person who is “in the area” of a local authority in Wales.

(4) For the purposes of this Act a person shall be treated as belonging, or as not belonging, to the area of a particular local authority in accordance with regulations; and any question under the regulations shall, in the case of a dispute, be determined by the Secretary of State.

(4A) For the purposes of this Act the area of the Common Council of the City of London shall be treated as including the Inner Temple and the Middle Temple.

(5) For the purposes of this Act a school shall be regarded as “assisted” by a local authority who do not maintain it if the authority make to its proprietor any grant in respect of the school or any payment in consideration of the provision of educational facilities there.

(6) Subject to subsection (7), an institution other than a school shall be regarded for the purposes of this Act as “assisted” by a local authority if the authority make to the persons responsible for its maintenance any grant in respect of the institution or any payment in consideration of the provision of educational facilities there.

(7) Neither—

(a) a university, nor

(b) any institution within the further education sector or within the higher education sector other than a university,

shall be regarded for the purposes of this Act as “assisted” by a local authority by virtue of the making by the authority to the persons responsible for the maintenance of the university or institution of any grant or payment such as is mentioned in subsection (6).

Index.

580

The expressions listed in the left-hand column below are defined by, or (as the case may be) are to be interpreted in accordance with, the provisions of this Act listed in the right-hand column in relation to those expressions.

Final provisions

Application to Isles of Scilly.

581

This Act shall apply to the Isles of Scilly—

(a) as if the Isles were a separate non-metropolitan county (and the Council of the Isles of Scilly were accordingly a county council), and

(b) subject to such other modifications as are specified in an order made by the Secretary of State.

Consequential amendments, repeals, transitional provisions etc.

582

(1) The enactments specified in Schedule 37 are amended in accordance with that Schedule, the amendments being consequential on the provisions of this Act.

(2) The enactments and instruments specified in Schedule 38 are repealed or revoked to the extent specified.

(3) The transitional and saving provisions contained in Schedule 39 shall have effect.

(4) The transitory provisions contained in Schedule 40 shall have effect.

Short title, commencement and extent.

583

(1) This Act may be cited as the Education Act 1996.

(2) Subject to subsection (3), this Act shall come into force on 1st November 1996 (and references to the commencement of this Act are to its coming into force on that date).

(3) The following provisions—

section 8,

section 317(6),

section 348,

section 528,

Part II of Schedule 37 and section 582(1) so far as relating thereto, and

Part II of Schedule 38 and section 582(2) so far as relating thereto,

shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different provisions and for different purposes.

(4) The Secretary of State may by order make such incidental, supplemental, saving or transitional provision as he thinks fit in connection with the coming into force in accordance with subsection (2) of any provision of this Act reproducing the effect of a provision of the Education Act 1993 which has not previously been brought into force by an order under section 308(3) of that Act (commencement).

(5) Where an order under subsection (3) brings into force any provision of section 317(6) or 528, then in relation to the coming into force of that provision—

(a) section 568(5) and (6) shall not apply to the order, but

(b) the order may make such provision as is authorised to be made, by virtue of section 67(2) and (3) of the Disability Discrimination Act 1995 (regulations and orders), by an order under section 70(3) of that Act (commencement).

(6) Subject to subsections (7) and (8), this Act extends to England and Wales only.

(7) This section, section 493 and section 569 so far as relating to regulations under section 493 extend also to Scotland; and this section extends also to Northern Ireland.

(8) Section 582 and Schedules 37 to 40 have the same extent as the enactments to which they relate.

SCHEDULE 1 — Pupil referral units

General adaptations of enactments

1

References in any enactment to the proprietor or governing body of a school shall be read, in relation to a pupil referral unit, as references to the local authority .

2

References in any enactment to the head teacher of a school shall be read, in relation to a pupil referral unit, as references to the teacher in charge of the unit (whether known as the head teacher or not).

Modifications of enactments by regulations

3

Regulations may provide for any enactments relating to schools maintained by local authorities (or schools including such schools)—

(a) to apply in relation to pupil referral units,

(b) to apply in relation to such units with such modifications as may be prescribed, or

3A

Regulations may also—

(a) require a local authority in England to obtain the consent of the Secretary of State, in specified circumstances, to the closure of a pupil referral unit ;

(b) confer a power on the Secretary of State to give directions to a local authority in England about the exercise of—

(i) their functions under section 19;

(ii) their functions under any enactment applied to pupil referral units (with or without modifications) by regulations under paragraph 3;

(iii) any other function connected with pupil referral units ;

Registration

4

(1) A person who is registered as a pupil at a school other than a pupil referral unit shall not, by reason only of being registered also as a pupil at such a unit, cease for the purposes of the Education Acts to be treated as a registered pupil at that school.

(2) In this Schedule “registered” means shown in the register kept under section 434.

Application of Local Government Act 1986

5

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Curriculum

6

(1) In relation to every pupil referral unit, the local authority, the management committee (where applicable) and the teacher in charge shall exercise their functions with a view to securing that the curriculum for the unit satisfies the requirements of section 78(1) or 99(1) of the Education Act 2002(1) (balanced and broadly based curriculum).

(2) Regulations may make provision for the determination and organisation of the curriculum in relation to every pupil referral unit, including provision as to making, and keeping up to date, a written statement of the policy in relation to that curriculum for the unit; and such regulations may require—

(a) the local authority, the management committee (where applicable), or the teacher in charge to exercise, or

(b) such of them as may be prescribed to collaborate with each other in exercising,

such functions in relation to the curriculum as may be prescribed.

(3) Each local education authority in Wales shall ... make arrangements for the consideration and disposal of any complaint to the effect that the authority, or the teacher in charge of any pupil referral unit in Wales —

(a) have acted or are proposing to act unreasonably with respect to the exercise of any power conferred, or the performance of any duty imposed, on them by sub-paragraph (1) or (2) above, or

(b) have failed to discharge any such duty.

(4) The Welsh Ministers shall not entertain under section 496 or 497 (power to prevent unreasonable exercise of functions; general default powers) Chapter 2 of Part 2 of the School Standards and Organisation (Wales) Act 2013 (intervention in local authorities) any complaint in respect of any local education authority in Wales if it is a complaint—

(a) for which arrangements are required to be made under sub-paragraph (3) above, or

(b) that a local education authority have failed to exercise their powers to secure compliance by the teacher in charge of a pupil referral unit in Wales with any such duty as is referred to in that sub-paragraph,

unless a complaint in respect of the local education authority or, as the case may be, the teacher in charge of the unit has been made in respect of the same matter and disposed of in accordance with arrangements under that sub-paragraph.

Discipline

7

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Sex education, political indoctrination and political issues

8

Sections 403, 406 and 407 (sex education, political indoctrination, and treatment of political issues) apply in relation to pupil referral units as they apply in relation to community schools.

Charges

9

(1) Chapter III of Part VI applies in relation to pupil referral units as if the references to governing bodies were omitted.

(2) Section 458(2)(b) (charges for board and lodging) shall have effect in relation to a pupil provided with board and lodging at a unit as if after “that” there were inserted “for the time being”.

Application of Environmental Protection Act 1990

10

A pupil referral unit is an educational institution for the purposes of Part IV of the Environmental Protection Act 1990 (litter).

Information

11

Each local authority shall—

(a) on such occasions, and

(b) in such form and manner,

as may be prescribed, make available to registered parents of registered pupils at any pupil referral unit such information about the unit as may be prescribed.

Disapplication of Schedule 4

12

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Children with special educational needs

13

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School attendance orders

14

(1) Where a pupil referral unit is named in a school attendance order—

(a) the local authority shall inform the teacher in charge of the unit, and

(b) if another local authority are responsible for determining the arrangements for the admission of pupils to the unit, that authority shall admit the child to the unit;

but paragraph (b) above does not affect any power to exclude from a unit a pupil who is already a registered pupil there.

(2) Section 438(4) does not apply in relation to a pupil referral unit.

(3) A local authority—

(a) shall, before deciding to specify a particular pupil referral unit in a notice under section 438(2) where another local authority are responsible for determining the arrangements for the admission of pupils to the unit, consult that authority; and

(b) if they decide to specify the unit in the notice, shall serve notice in writing of their decision on that authority.

(4) Section 439(7) and (8) apply where a notice is served on a local authority under sub-paragraph (3) above as they apply where notice is served under section 439(6).

(5) The parent of a child in respect of whom a school attendance order is in force may not under section 440 request the local authority to amend the order by substituting a pupil referral unit for the school named in the order.

(6) Where a child is a registered pupil at both a pupil referral unit and at a school other than a unit, the references in section 444 to the school at which he is a registered pupil shall be read as references to the unit.

Management committees

15

(1) Regulations may make provision—

(a) for requiring any local authority who maintain a pupil referral unit to establish a committee to act as the management committee for the unit; and

(b) for that committee to discharge on behalf of the authority such of their functions in connection with the unit as are delegated by them to the committee in accordance with the regulations.

(2) Regulations under this paragraph may in particular make provision—

(a) for enabling a local authority to establish a joint committee to act as the management committee for two or more pupil referral units maintained by the authority;

(b) for requiring the approval of the Secretary of State to be obtained before any such joint committee is established;

(i) the appointment and removal of its members, and

(ii) their terms of office,

and in particular for requiring such a committee to include persons representing schools . . . situated in the area from which the unit or units in question may be expected to draw pupils;

(d) for requiring or (as the case may be) prohibiting the delegation by—

(i) a local authority; or

(ii) in the case of a local authority which are operating executive arrangements, the executive of that authority or any person on behalf of that executive,

to a management committee of such functions in connection with pupil referral units as are specified in the regulations.

(e) for authorising a management committee to establish sub-committees;

(f) for enabling (subject to any provisions of the regulations) a local authority , and in the case of a local authority which are operating executive arrangements the executive of that authority or any person acting on behalf of that executive, or a management committee to determine to any extent the committee’s procedure and that of any sub-committee;

(g) for limiting the personal liability of members of any such committee or sub-committee in respect of their acts or omissions as such members;

(ga) about the effect of closure of a pupil referral unit on members of the management committee for the unit or members of any sub-committee;

(h) for applying to any such committee or sub-committee, with or without modification—

(i) any provision of the Education Acts, or

(ii) any provision made by or under any other enactment and relating to committees or (as the case may be) sub-committees of a local authority.

(3) In sub-paragraph (2), “executive” and “executive arrangements” have the same meaning as in the Local Government Act 2000.

SCHEDULE 2

Status

1

A funding authority shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and the property of the authority shall not be regarded as property of, or property held on behalf of, the Crown.

Powers

2

(1) Subject to sub-paragraph (2) below, a funding authority may do anything which appears to them to be necessary or expedient for the purpose of or in connection with the discharge of their functions, including in particular—

(a) acquiring and disposing of land and other property,

(b) entering into contracts,

(d) accepting gifts of money, land or other property.

(2) A funding authority shall not borrow money.

3

(1) The Secretary of State may authorise a funding authority to purchase compulsorily any land required for the purpose of implementing any proposals under section 211, 212 or 260 (establishment or change in character of grant-maintained school) which are required to be implemented.

(2) The Acquisition of Land Act 1981 shall apply to compulsory purchase under this paragraph.

Tenure of members

4

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

(2) A member of a funding authority may at any time resign his office by notice in writing to the Secretary of State.

5

If the Secretary of State is satisfied that a member of a funding authority—

(a) has been absent from meetings of the authority for a period longer than six consecutive months without the permission of the authority, or

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

the Secretary of State may, by notice in writing to that member, remove him from office and thereupon the office shall become vacant.

Salaries, allowances and pensions

6

(1) A funding authority—

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

(b) 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.

(2) If a person ceases to be a member of a funding 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.

(3) A funding authority shall pay to the members of any of their committees who are not members of the authority such travelling, subsistence and other allowances 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

7

(1) A funding authority may, with the approval of the Secretary of State as to numbers, appoint such employees as they think fit on such terms and conditions as to remuneration and other matters as the authority may determine.

(2) A determination under sub-paragraph (1) above requires the approval of the Secretary of State given with the consent of the Treasury.

(3) An employee of a funding authority may not be appointed as a member of the authority, and a member of a funding authority may not be appointed as an employee of the authority.

Chief officer

8

(1) One of the employees of a funding authority shall be the chief officer.

(2) The first chief officer shall be appointed by the Secretary of State on such terms and conditions as to remuneration and other matters as the Secretary of State may with the consent of the Treasury determine.

(3) Each subsequent chief officer shall be appointed by the authority with the approval of the Secretary of State.

Superannuation of employees

9

(1) Employment with a funding 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) A funding authority shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of the increase attributable to sub-paragraph (1) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

(3) Where an employee of a funding authority ceases to be such an employee and becomes a member of the authority and was by reference to his employment by the authority a participant in a scheme under section 1 of that Act, the Treasury may determine that his service as 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 him by virtue of paragraph 6 above).

Committees

10

(1) A funding authority may establish a committee for any purpose.

(2) The authority shall fix the number of the members which a committee established under this paragraph may 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 by them under this paragraph and the scope of each committee’s activities.

Delegation of functions

11

A funding authority may authorise the chairman, the chief officer or any committee established by them under paragraph 10 above to exercise such of their functions as they may determine.

Proceedings

12

Without prejudice to any other rights the Secretary of State may require to be accorded to him as a condition of any grants made to a funding authority under section 25—

(a) a representative of the Secretary of State shall be entitled to attend and take part in any deliberations (but not in decisions) at meetings of the authority or of any of their committees, and

(b) the authority shall provide the Secretary of State with such copies of any documents distributed to members of the authority or of any of their committees as he may require.

13

The validity of any proceedings of a funding authority or of any of their committees shall not be affected by a vacancy amongst the members or by any defect in the appointment of a member.

14

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

Accounts

15

(1) A funding 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

and shall contain such additional information as the Secretary of State may with the approval of the Treasury require to be provided for the information of Parliament.

(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.

(4) In this paragraph “financial year” means the period beginning with the date on which the authority is established and ending with the next following 31st March, and each successive period of twelve months.

Application of seal and proof of instruments

16

The application of the seal of a funding authority shall be authenticated by the signature—

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

(b) of one other member.

17

Any document purporting to be an instrument made or issued by or on behalf of a funding authority and to be—

(a) duly executed under their 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 3

Functions relating to grant-maintained schools

1

(1) The Secretary of State may by order provide for any of his functions under the provisions of this Act mentioned in sub-paragraph (2) to be exercisable instead by a funding authority, either generally or in such circumstances as may be specified in the order.

(2) Those provisions are—

(a) sections 220 and 221 (alterations to instruments and articles of government);

(b) section 231(6) (consent to borrowing);

(d) section 302 (variation of trust deeds);

(e) paragraph 5 of Schedule 21 (transitional powers of governing bodies); and

(f) paragraph 15 of Schedule 22 (approval of schemes for payment of allowances to governors).

(3) An order under this paragraph may—

(a) confer or impose such related functions on the funding authority, and

(b) provide for Part III of this Act to have effect with such modifications,

as the Secretary of State considers necessary or desirable in connection with any transfer of any functions under the provisions of this Act mentioned in sub-paragraph (2).

Functions under agreements relating to CTCs and CCTAs

2

(1) The Secretary of State may by order provide—

(a) for a funding authority to exercise the function of making and receiving payments under all or any of the agreements which he has entered into or may enter into under section 482 (CTCs and CCTAs); and

(b) for any such agreement to have effect accordingly.

(2) Any sums received by a funding authority in the exercise of those functions shall be paid to the Secretary of State.

Functions in respect of grants for certain expenditure due to ethnic minority population

3

(1) The Secretary of State may by order impose on a funding authority the function of paying on his behalf grants under section 11 of the Local Government Act 1966 (grants in respect of ethnic minority population) so far as payable by him by virtue of section 490 (grants to grant-maintained schools, CTCs and CCTAs).

(2) The payments shall be of such amounts and be paid to such persons as the Secretary of State may, in accordance with section 11 of the Local Government Act 1966, determine.

SCHEDULE 4

Part I — Introductory

1

(1) Where an order under section 27 is in force, the Education Acts shall have effect subject to—

(a) this Schedule, and

(b) the provisions of this Act which modify the effect of any provision of those Acts, or confer new functions, in respect of any area to which such an order applies.

(2) In particular, to the extent that this Schedule governs the payments to be made to any local education authority or the governing body of any grant-maintained school in respect of charges by that authority or body for the provision of board and lodging (at a boarding school or otherwise than at school), section 458(2) to (5) and section 514(5) (charges) shall not apply.

(3) In this Schedule—

(a) sections 458(1) and 514(4) are referred to as the “existing charging provisions”; and

(b) “maintained school” means any county or voluntary school or any maintained special school not established in a hospital.

Part II — Functions where responsibility for providing sufficient school places is shared

Introductory

2

If an order under section 27(1)(a) applies to the area of a local education authority, this Part of this Schedule has effect in respect of that area in relation to relevant education.

Responsibility for providing sufficient school places

3

(1) If the schools providing relevant education which are available for the area are not sufficient, the funding authority shall, for the purpose of securing the availability of sufficient schools providing such education for the area, exercise their powers to make proposals for the establishment, alteration and discontinuance of schools.

(2) In performing that duty, the funding authority shall have regard to the need for securing that special educational provision is made for pupils who have special educational needs.

(3) The schools available for any area shall not be treated as sufficient for the purposes of this paragraph unless they are sufficient for the purposes of section 14(1) (duty of local education authority to secure availability of schools).

(4) Nothing in this paragraph requires a funding authority to take any action where to do so would not be an effective use of their resources.

(5) In this paragraph “powers to make proposals for the establishment, alteration and discontinuance of schools” means all or any of the powers to publish proposals under sections 211, 260 or 268 or give notice of proposals under section 339.

Part III — Functions where responsibility for providing sufficient school places is transferred

Introductory

4

If an order under section 27(1)(b) applies to the area of a local education authority, this Part of this Schedule has effect in respect of that area in relation to relevant education.

Responsibility for providing sufficient school places

5

(1) The duty under section 14(1) shall be discharged by the funding authority instead of the local education authority.

(2) In discharging that duty the funding authority shall, in particular, have regard to the matters referred to in section 14(6)(b) (provision for pupils who have special educational needs).

(3) The funding authority may provide board and lodging otherwise than at school for pupils at maintained or grant-maintained schools; and, where the authority do so, the parents of the pupils concerned shall, subject to the following provisions of this Schedule, pay charges to the authority not exceeding the cost to the authority of the provision.

(4) Where the governing body of a grant-maintained school provide board and lodging at the school for pupils there, the parents of the pupils concerned shall, subject to the following provisions of this Schedule, pay charges to the governing body not exceeding the cost to the governing body of the provision.

6

(1) The local education authority may continue to secure the provision of relevant education falling within section 14(1) and (subject to paragraph 7) to secure the provision of schools for that purpose.

(2) In exercising those powers the local education authority shall, in particular, have regard to the matters referred to in section 14(6) (which include the separation of primary and secondary education, and the provision of boarding accommodation for those for whom boarding is desirable).

(3) Where the local education authority—

(a) provide board and lodging at a maintained school for pupils there, or

(b) provide board and lodging otherwise than at school for pupils at maintained or grant-maintained schools,

the parents of the pupils concerned shall, subject to the following provisions of this Schedule, pay charges to the authority not exceeding the cost to the authority of the provision.

Powers to establish, maintain and alter schools

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8

Charges for board and lodging or independent education

9

(1) Sub-paragraph (3) below applies where—

(a) any pupil of compulsory school age ordinarily resident in the area is being provided with board and lodging (at a boarding school or otherwise than at school) or with education at a school which is not a maintained or grant-maintained school;

(b) the funding authority are of the opinion that it is not practicable for the pupil to obtain admission to any maintained or grant-maintained school which is a reasonable distance from his home and provides efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have; and

(c) the authority are of the opinion that it is appropriate for the pupil to be provided with the particular board and lodging or, as the case may be, education.

(2) Sub-paragraph (3) below also applies where—

(a) any pupil ordinarily resident in the area is being provided with board and lodging (at a boarding school or otherwise than at school) or with education at a school which is not a maintained or grant-maintained school; and

(b) the funding authority are of the opinion that—

(i) the conditions in sub-paragraph (1) above have been, but are no longer, met by reason only of the pupil having ceased to be of compulsory school age or sub-paragraph (1)(b) above having ceased to apply, and

(ii) it would not be desirable for the pupil to cease to be provided with the particular board and lodging or, as the case may be, education.

(3) Where this sub-paragraph applies—

(a) if board and lodging is provided by the funding authority, no charge shall be payable to the authority under this Schedule in respect of the board and lodging;

(b) if board and lodging is provided at a maintained or grant-maintained school or by a local education authority, the funding authority shall pay the whole of the charges payable to any local education authority or governing body under this Schedule or the existing charging provisions in respect of the board and lodging; and

(c) in any other case the funding authority shall pay the whole of the fees payable in respect of the board and lodging or, as the case may be, the education.

(4) This paragraph does not apply in the case of a pupil for whom a statement is maintained under section 324.

10

(1) This paragraph applies where any pupil ordinarily resident in the area is being provided—

(a) with board and lodging (at a boarding school or otherwise than at school), or

(b) with education at a school which is not a maintained or grant-maintained school,

but does not apply in any case where paragraph 9(3) applies.

(2) If board and lodging is provided at a school maintained by the responsible education authority and the authority are of the opinion that it is desirable for the pupil to be provided with board and lodging, or board and lodging otherwise than at school is provided by the authority, then—

(a) the authority may remit the whole or any part of the charges payable to them under this Schedule in respect of the board and lodging; and

(b) if they are of the opinion that, in order to avoid financial hardship to the pupil’s parent, the parent should not pay the whole or any part of those charges, the authority shall remit the whole or, as the case may be, that part of those charges.

(3) If board and lodging otherwise than at school is provided by the funding authority, or board and lodging is provided at a grant-maintained school or a school maintained by another local education authority, then—

(a) the responsible education authority may pay the charges payable to the funding authority, or any local education authority or governing body, under this Schedule or the existing charging provisions in respect of the board and lodging; and

(b) if they are of the opinion that it is desirable for the pupil to be provided with board and lodging, they shall pay so much (if any) of those charges as in their opinion is required to be paid by them in order to avoid financial hardship to the parent.

(4) In any other case to which this paragraph applies—

(a) the local education authority may pay the whole of the fees payable in respect of the board and lodging or, as the case may be, the education; and

(b) if they are of the opinion that it is—

(i) desirable for the pupil to be provided with board and lodging, and

(ii) appropriate for him to be provided with the particular board and lodging,

they shall pay so much (if any) of the fees payable in respect of board and lodging as in their opinion is required to be paid by them in order to avoid financial hardship to the parent; and

(i) desirable for the pupil to be provided with education otherwise than in a maintained or grant-maintained school, and

(ii) appropriate for him to be provided with the particular education,

they shall pay so much (if any) of the fees payable in respect of the education as in their opinion is required to be paid by them in order to avoid financial hardship to the parent.

(5) In this paragraph “the responsible education authority”, in relation to a pupil ordinarily resident in any area, means the local education authority for the area.

(6) This paragraph does not apply in the case of a pupil for whom a statement is maintained under section 324.

11

(1) Where a pupil in the area for whom a statement is maintained under section 324 is attending a maintained or grant-maintained school, this paragraph applies if he is provided with board and lodging at the school or otherwise than at school and either—

(a) the school is named in the statement and—

(i) the responsible education authority are satisfied that the necessary special educational provision cannot be provided for him at the school unless the particular board and lodging are also provided, or

(ii) the responsible education authority are satisfied that the necessary special educational provision cannot be provided for him at the school unless board and lodging are also provided and that it is appropriate for him to be provided with the particular board and lodging; or

(b) the school is not named in the statement but the responsible education authority are satisfied that the necessary special educational provision cannot be provided for him unless board and lodging are also provided and that it is appropriate for him to be provided with the particular board and lodging.

(2) Where the board and lodging is provided by the responsible education authority, no charge shall be payable to the authority under this Schedule in respect of the board and lodging.

(3) Where the board and lodging is provided—

(a) by the funding authority or another local education authority, or

(b) at a grant-maintained school or a school maintained by another local education authority,

the responsible education authority shall pay the charges payable to the funding authority or any local education authority or governing body under this Schedule or the existing charging provisions in respect of the board and lodging.

(4) In any other case to which this paragraph applies, the responsible education authority shall pay to the person providing the board and lodging the whole of the fees in respect of the board and lodging.

(5) In this paragraph “the responsible education authority”, in relation to a pupil, means the local education authority responsible for the pupil for the purposes of Part IV (special educational needs).

12

(1) Where a pupil in the area for whom a statement is maintained under section 324 is attending a maintained or grant-maintained school and is provided with board and lodging at the school or otherwise than at school, then—

(a) where the board and lodging is provided by the responsible education authority, the authority may remit the whole or any part of the charges payable to them under this Schedule in respect of the board and lodging;

(b) where the board and lodging is provided—

(i) by the funding authority or another local education authority, or

(ii) at a grant-maintained school or a school maintained by another local education authority,

the responsible education authority may pay the whole or any part of the charges payable to the funding authority or any local education authority or governing body under this Schedule or the existing charging provisions in respect of the board and lodging; and

(c) in any other case, the responsible education authority may pay to the person providing the board and lodging the whole or any part of the fees in respect of the board and lodging.

(2) In this paragraph “the responsible education authority”, in relation to a pupil, means the local education authority responsible for the pupil for the purposes of Part IV.

General

13

(1) The following provisions shall not apply—

(a) section 458 (charges and remission of charges for board and lodging in maintained and grant-maintained schools);

(b) section 514 (power of LEA to provide board and lodging otherwise than at school and recovery of charges from parents); and

(c) section 517(3) (payment by LEA of fees where pupil attends non-maintained school because of shortage of places in maintained and grant-maintained schools).

(2) Any charges payable to the local education authority, the funding authority or the governing body of a grant-maintained school under this Schedule may be recovered summarily as a civil debt.

14

(1) Section 438 shall have effect as if for subsection (5) there were substituted—

(5) If— (a) within the period mentioned in subsection (3), the parent— (i) applies to the funding authority, or the local education authority by whom the notice was served, for education to be provided for the child at a school which is not a school maintained by a local education authority or a grant-maintained school, and (ii) in the case of an application to the funding authority, notifies the local education authority by whom the notice was served of the application, (b) the child is offered a place at the school, and (c) either the funding authority are required under paragraph 9 of Schedule 4 to pay the fees payable in respect of the education provided at the school or the local education authority agree to pay the whole of those fees under paragraph 10 of that Schedule, that school shall be named in the order.

(2) Section 440 shall have effect as if for subsection (3) there were substituted—

(3) If at any time— (a) the parent applies to the funding authority or the local education authority by whom the notice was served for education to be provided for the child at a school which is not a school maintained by a local education authority or a grant-maintained school and is different from the school named in the order, (b) the child is offered a place at the school, (c) either the funding authority are required under paragraph 9 of Schedule 4 to pay the fees payable in respect of the education provided at the school or the local education authority agree to pay the whole of those fees under paragraph 10 of that Schedule, and (d) the parent requests the local education authority to amend the order by substituting that school for the one currently named, the authority shall comply with the request.

Part IV — Functions where responsibility either shared or transferred

Introductory

15

If an order under section 27(1)(a) or (b) applies to the area of a local education authority, this Part of this Schedule has effect in respect of that area in relation to relevant education.

Responsibility for providing sufficient school places

16

In relation to any power under section 211 to publish proposals for the establishment of a grant-maintained school—

(a) references to establishing a school for the purpose of providing primary education include establishing a primary school which also provides secondary education; and

(b) references to establishing a school for the purpose of providing secondary education include establishing a secondary school which also provides primary education.

17

(1) Where relevant education is only primary education—

(a) no proposals may be published under section 260 in respect of any grant-maintained school which is a secondary school or if the implementation of the proposals would cause the school to become a secondary school;

(b) no proposals may be published under section 268 in respect of any grant-maintained secondary school; and

(2) Where relevant education is only secondary education—

(a) no proposals may be published under section 260 in respect of any grant-maintained school which is a primary school or if the implementation of the proposals would cause the school to become a primary school;

(b) no proposals may be published under section 268 in respect of any grant-maintained primary school; and

18

The funding authority shall not by virtue of paragraph 3 or 5 be under any duty in respect of junior pupils who have not attained compulsory school age.

Boarding schools

19

The powers of the funding authority to publish proposals under sections 211 and 260 or to give notice of proposals under section 339 may, in particular, be so exercised as to secure the provision of boarding accommodation at boarding schools.

Other modifications of this Act

20

Section 259 shall have effect as if the funding authority were among the persons who may submit objections under subsection (6) of that section to proposals under that section.

21

Section 267 shall have effect as if—

(a) the reference in subsection (3) to the local education authority included the funding authority; and

(b) the funding authority were among the persons who may submit objections under subsection (7) of that section to proposals under that section.

22

Section 272 shall have effect as if—

(a) paragraph (a) of subsection (1) were omitted, and

(b) the funding authority were among the persons required to be consulted under subsection (5)(b).

23

Section 426(4) shall have effect as if the reference to the Secretary of State were to the funding authority.

SCHEDULE 5

Preservation of special agreements

1

Any special agreement in force immediately before the commencement of this Act shall continue in force despite the repeal by this Act of Schedule 3 to the Education Act 1944.

Variation of special agreements

2

(1) A special agreement may be varied by a further agreement between the local education authority and the governors of the school to which it relates, or in such other manner (if any) as may be specified in the agreement.

(2) Sub-paragraph (1) has effect subject to the requirements of paragraph 3.

The grant requirements

3

(1) A special agreement shall provide for the making of a grant by the local education authority to persons specified in the agreement in consideration of the execution by those persons of the proposals to which the agreement relates.

(2) Subject to sub-paragraph (3), the amount of any such grant shall be not less than half, and not more than three-quarters, of the cost of executing the proposals to which the agreement relates.

(3) Where the proposals include proposals for establishing a playing field or any buildings of a kind which it is, under section 45(2)(b), the duty of the local education authority to provide, then—

(a) if the proposals as respects the playing field or buildings are to be executed by the persons specified in the agreement, the amount of the grant (so far as attributable to the cost thereof) shall be equal to the whole of the cost; and

(b) if those proposals are to be executed by the local education authority, the cost thereof shall be borne by them and excluded in computing the amount of the grant.

Religious education

4

(1) A special agreement may provide—

(a) for the giving of religious education in the school in accordance with the provisions of the trust deed relating to it, or (where provision for that purpose is not made by such a deed) in accordance with the practice observed in the school before it became a voluntary school; and

(b) for the employment in the school, for the purpose of giving such religious education, of such number of reserved teachers as may be specified in the agreement.

(2) Sub-paragraph (1)(a) has effect subject to section 378(1)(c) and any arrangements made under section 378(2).

Repayment of grants

5

Any grant made in respect of a school in pursuance of a special agreement may, at any time while the school is a special agreement school, be repaid by the governing body to the local education authority by whom the school is maintained.

Modification of obligations with respect to repairs and alterations

6

Where a special agreement is in force in relation to a school, then, until the proposals to which the agreement relates have been carried out—

(a) the provisions of Part II relating to the respective obligations of the governing bodies of voluntary schools and the local education authority in respect of repairs and alterations to the premises of the school shall not have effect in relation to the school; and

(b) the respective obligations of the governing body of the school and the local education authority in relation to those matters shall instead be such as may be determined by agreement between the governing body and the authority or, in default of agreement, by the Secretary of State.

SCHEDULE 6

1

In connection with proposals by a local education authority under section 35(1)(b) for the maintenance as a county school of a school which is for the time being maintained by them as a voluntary school, they and the school’s governing body may make an agreement for the transfer to the authority of any interest in the school premises which is held by any persons for the purposes of any trust deed relating to the school.

2

Such an agreement shall not take effect unless it has been approved by the Secretary of State.

3

The Secretary of State shall not approve such an agreement unless—

(a) he is satisfied that due notice of the agreement has been given to—

(i) any persons (other than the governing body) who have an interest in the school by virtue of a trust deed relating to it, and

(ii) any other persons who appear to him to be concerned; and

(b) he is satisfied that the execution of the agreement will effect the transfer of all interests necessary for the purpose of enabling the authority to maintain the school as a county school.

4

Before approving an agreement under this Schedule, the Secretary of State shall consider any representations made to him by or on behalf of any persons appearing to him to be concerned with the proposed transfer.

5

An agreement under this Schedule—

(a) may provide for the transfer to the authority, subject to any conditions, reservations and restrictions specified in the agreement, either of the whole of any such interest as is referred to in paragraph 1 or of a lesser interest in the premises, and

(b) may include such other provisions (whether relating to the consideration for the transfer or otherwise) as may be agreed upon between the authority and the governing body.

6

Where an agreement under this Schedule has been approved by the Secretary of State, the governing body may, whether or not the interest to be transferred under the agreement is vested in them, convey that interest to the authority.

7

Where a person other than the governing body has a right to the occupation or use of the school premises or any part of them for a particular purpose, no provision of an agreement under this Schedule shall affect that right unless he has consented to it.

8

In this Schedule “premises” includes a teacher’s dwelling-house.

SCHEDULE 7

Name and seal of incorporated body

1

(1) A governing body incorporated under section 88(1) shall be known as “The governing body of ...” with the addition of the name of the school.

(2) The application of the seal of any such governing body must be authenticated by the signature—

(a) of the chairman of the governing body, or

(b) of some other member authorised either generally or specially by the governing body to act for that purpose,

together with the signature of any other member.

(3) Every document purporting to be an instrument made or issued by or on behalf of any such governing body and—

(a) to be duly executed under the seal of the governing body, or

(b) to be signed or executed by a person authorised by the governing body 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.

Powers of incorporated body

2

(1) A governing body incorporated under section 88(1) may do anything (including in particular the things referred to in the following sub-paragraphs) which appears to them to be necessary or expedient for the purpose of or in connection with the exercise of any of the functions conferred on them under or in pursuance of any enactment.

(2) A governing body so incorporated may—

(a) acquire and dispose of land and other property;

(b) enter into contracts, other than contracts of employment;

(d) accept gifts of money, land and other property and apply it, or hold and administer it on trust, for any of those purposes; and

(e) do anything incidental to the conduct of the school.

(3) Sub-paragraphs (1) and (2) have effect subject to—

(a) any provisions of the instrument of government or articles of government for the school, and

(b) if the school has a delegated budget (as defined in section 115(b)) any provisions of the scheme falling within section 101(1) which covers the school.

(4) The governing body so incorporated of an aided school may enter into contracts for the employment of teachers and other staff, subject to any provisions of the articles of government for the school other than any provisions for the time being excluded by section 137(2) (aided schools having delegated budgets) from applying to the school.

Property, rights and liabilities

3

On the incorporation under section 88(1) of a governing body (“the new governing body”) for a school which, immediately before the incorporation date, was conducted by a temporary governing body constituted under arrangements made under section 96 or 97—

(a) all land and other property which, immediately before the date of incorporation, was property of the temporary governing body used or held for the purposes of the school, and

(b) all rights and liabilities of the temporary governing body subsisting immediately before that date which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body.

4

On the incorporation under section 88(1) of a governing body (“the new governing body”) constituted under an instrument of government for two or more schools grouped in pursuance of a resolution under section 89—

(a) all land and other property which, immediately before the date of incorporation, was property of the governing body of any of those schools used or held for the purposes of the school in question, and

(b) all rights and liabilities of the governing body of any of those schools subsisting immediately before that date which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body.

Contracts of employment

5

Without prejudice to the generality of paragraphs 3 and 4, where those provisions effect a transfer of rights and liabilities under a contract of employment—

(a) the contract shall have effect from the date of incorporation as if originally made between the employee and the incorporated governing body, and

(b) without prejudice to sub-paragraph (a) above, anything done before that date by or in relation to the former employer in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the incorporated governing body,

but no right of the employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions shall arise by reason only of the change of employer effected by those provisions.

Dissolution and discontinuance

6

(1) A governing body incorporated under section 88(1) are dissolved by virtue of this paragraph—

(a) if the school they conduct is discontinued;

(b) where the school becomes a grant-maintained school or grant-maintained special school, when the local education authority cease to maintain the school; or

(2) Where such a governing body conduct two or more schools, sub-paragraph (1) applies when, in relation to each of the schools, paragraph (a), (b) or (c) is satisfied.

7

(1) Where such a governing body are to be dissolved by reason of—

(a) the discontinuance of the county, voluntary or maintained special school which they conduct, or

(b) in the case of a governing body conducting two or more such schools, the discontinuance of each such school conducted by them,

they shall have power to transfer any land or other property of theirs which is used or held for the purposes of the school to any person who provides education.

(2) Where such a governing body are so dissolved—

(a) any such land or property for which no provision has been made under sub-paragraph (1) for transfer, and

(b) all rights and liabilities of the governing body subsisting immediately before the date of dissolution which were acquired or incurred for the purposes of the school in question,

shall be transferred to and, by virtue of this Act, vest in the local education authority.

(3) Sub-paragraphs (1) and (2) do not apply to any land or other property held by the governing body on trust for the purposes of a voluntary school; and any such land or other property so held shall be transferred to and, by virtue of this Act, vest in the trustees of the school.

8

(1) This paragraph applies where such a governing body dissolved by virtue of paragraph 6 are the governing body of two or more schools grouped in pursuance of a resolution under section 89.

(2) Where none of the schools in the group are discontinued, then in the case of each school formerly a member of the group—

(a) all land and other property which, immediately before the date of dissolution, was property of the governing body used or held for the purposes of that school, and

(b) all rights and liabilities of the governing body subsisting immediately before that date which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body of the school in accordance with the order providing for the instrument of government for the school.

(3) An order made by virtue of sub-paragraph (2) may provide that—

(a) the whole or any part of any such land and other property which was property of the governing body used or held for the purposes of the schools in the group, and

(b) any such rights and liabilities of the governing body which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body of the school.

(4) Where not all of the schools in the group are discontinued, then in the case of each school formerly a member of the group which is not discontinued—

(a) all land and other property which, immediately before the date of dissolution, was property of the governing body used or held for the purposes of that school, and

(b) all rights and liabilities of the governing body subsisting immediately before that date which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body of the school in accordance with the order providing for the instrument of government for the school.

(5) An order made by virtue of sub-paragraph (4) may provide that—

(a) the whole or any part of any such land and other property which was property of the governing body used or held for the purposes of any school which is to be discontinued or the schools in the group, and

(b) any such rights and liabilities of the governing body which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body of the school.

(6) Sub-paragraph (5) does not apply to any land or other property held by the governing body on trust for the purposes of a voluntary school; and any such land or other property so held shall be transferred to and, by virtue of this Act, vest in the trustees of the school.

9

(1) This paragraph applies in relation to the governing body of two or more schools grouped in pursuance of a resolution under section 89.

(2) Where one or more schools conducted by the governing body are discontinued but the governing body are not dissolved by reason of the discontinuance, then in the case of each school formerly a member of the group which is discontinued—

(a) all land and other property which, immediately before the date of dissolution, was property of the governing body used or held for the purposes of that school, and

(b) all rights and liabilities of the governing body subsisting immediately before that date which were acquired or incurred for those purposes,

shall be held by the governing body for the purposes of the schools in the group.

(3) Sub-paragraph (2) does not apply to any land or other property held by the governing body on trust for the purposes of a voluntary school; and any such land or other property so held shall be transferred to and, by virtue of this Act, vest in the trustees of the school.

(4) Where, in the case of one or more schools conducted by the governing body, new governing bodies are constituted under Chapter IV of Part II to conduct those schools but the governing body are not dissolved by reason of the constitution of such bodies, then in the case of each school formerly a member of the group—

(a) all land and other property which, immediately before the date of dissolution, was property of the governing body used or held for the purposes of that school, and

(b) all rights and liabilities of the governing body subsisting immediately before that date which were acquired or incurred for those purposes,

shall be transferred to and, by virtue of this Act, vest in the new governing body of the school in accordance with the order providing for the instrument of government for the school.

10

For the purposes of this Schedule, references to the discontinuance of a school are—

(a) to the local education authority ceasing to maintain it in accordance with proposals under section 167 (discontinuance of county or voluntary schools) or section 339 (discontinuance of special schools), or

(b) to its discontinuance under section 173 (discontinuance by governors of voluntary schools).

Supplementary provisions about transfers

11

Where a transfer under this Schedule relates to registered land, it shall be the duty of the transferor—

(a) to execute any such instrument under the Land Registration Acts 1925 to 1986,

(b) to deliver any such certificate under those Acts, and

as he would be required to execute, deliver or do in the case of a transfer by agreement between the transferor and the transferee.

12

Paragraphs 6 to 8 of Schedule 1.0 to the Education Reform Act 1988 (construction of agreements) shall apply in relation to transfers effected by this Schedule as they apply to transfers to which that Schedule applies.

SCHEDULE 8

Introductory

1

In this Schedule, except where a school of a particular category is referred to—

“governing body” means the governing body of a county, voluntary or maintained special school, and

“school” means a county, voluntary or maintained special school.

Co-option or other appointment of governors

2

(1) Subject to sub-paragraph (2), where the instrument of government for a county, controlled or maintained special school provides for one or more persons to be co-opted by governors as members of the governing body, it shall not make any provision which has the effect of restricting those governors in their choice of person to co-opt.

(2) The instrument of government for a county, controlled or maintained special school shall require the governors concerned, in co-opting a person to be a member of the governing body—

(a) to have regard—

(i) to the extent to which they and the other governors are members of the local business community, and

(ii) to any representations made to the governing body as to the desirability of increasing the connection between the governing body and that community, and

(b) where it appears to them that no governor of the school is a member of the local business community or that it is desirable to increase the number of governors who are, to co-opt a person who appears to them to be a member of that community.

(3) In this paragraph references to the co-option of governors—

(a) are to the co-option of governors required to be co-opted by virtue of section 79; but

(b) do not include the co-option of foundation governors.

3

If—

(a) the instrument of government for a school provides for one or more governors to be appointed by persons acting jointly, and

(b) those persons fail to make an agreed appointment,

the appointment shall be made by, or in accordance with a direction given by, the Secretary of State.

4

The instrument of government for a voluntary school shall name the person or persons (if any) who are entitled to appoint any foundation governor.

Ex officio governors

5

If a school has more than one head teacher (whether or not as a result of two or more schools being grouped under section 89), each of them shall be a governor (ex officio) unless he chooses not to be.

6

The instrument of government for a voluntary school may provide for any foundation governorship to be held ex officio by the holder of an office named in the instrument.

Election of governors

7

(1) In this paragraph “the appropriate authority”—

(a) in relation to a county, controlled or maintained special school, means the local education authority, and

(b) in relation to an aided or special agreement school, means the governing body.

(2) The appropriate authority in relation to a school shall determine—

(a) for the purposes of an election of parent governors, any question whether a person is a parent of a registered pupil at the school, and

(b) for the purposes of an election of teacher governors, any question whether a person is a teacher at the school.

(3) The appropriate authority shall make all necessary arrangements for, and determine all other matters relating to, an election of parent governors or teacher governors.

(4) The power conferred by sub-paragraph (3)—

(a) includes power to make provision as to qualifying dates, but

(b) does not include power to impose any requirement as to the minimum number of votes required to be cast for a candidate to be elected.

(5) Any election of parent governors or teacher governors which is contested shall be held by secret ballot.

(6) The arrangements made under sub-paragraph (3) shall, in the case of any election of a parent governor, provide for every person who is entitled to vote in the election to have an opportunity to do so by post or, if he prefers, by having his ballot paper returned to the school by a registered pupil at the school.

(7) Where a vacancy for a parent governor is required to be filled by election, the appropriate authority shall take such steps as are reasonably practicable to secure that every person who is known to them to be a parent of a registered pupil at the school is—

(a) informed of the vacancy and that it is required to be filled by election;

(b) informed that he is entitled to stand as a candidate, and vote, at the election; and

Qualifications of governors and tenure of office

8

No person shall be qualified for membership of a governing body unless he is aged 18 or over at the date of his election or appointment.

9

No person shall at any time hold more than one governorship of the same school.

10

(1) Regulations may make provision as to the circumstances in which persons are to be disqualified for holding office as governors of schools.

(2) The instrument of government for a school may make provision as to circumstances in which persons are to be disqualified for holding office as governors of the school.

(3) The fact that a person is qualified to be elected or appointed as a governor of a particular category of a school does not disqualify him for election or appointment as a governor of any other category of that school.

11

(1) The instrument of government for a county, controlled or maintained special school shall provide for each governor, other than one who is a governor ex officio, to hold office for a term of four years.

(2) The instrument of government for an aided secondary school shall provide for each governor appointed by a person named in the instrument as a sponsor of the school to hold office for such term (not being less than five nor more than seven years) as may be specified in the instrument.

(3) This paragraph shall not be taken to prevent a governor—

(a) from being elected or appointed for a further term, or

(b) from being disqualified, by virtue of provision made under paragraph 10, for continuing to hold office.

12

Any governor of a school may at any time resign his office.

13

(1) Any governor of a school who was appointed otherwise than by being co-opted, or any foundation governor of a voluntary school, may be removed from office by the person or persons who appointed him.

(2) For the purposes of this paragraph, a parent governor appointed in accordance with any provision made by virtue of section 81 shall be treated as having been co-opted.

Meetings and proceedings

14

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