Education Act 2002

Type Public General Act
Publication 2002-07-24
Last updated 2025-09-01
State In force
Department Statute Law Database
articles Not indexed
Reform history JSON API

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Exceptions by regulations

112

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Pupils with statements of special educational needs

113

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Temporary exceptions for individual pupils

114

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Information concerning directions under section 114

115

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Appeals against directions under section 114 etc.

116

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Supplementary provisions

Procedure for making certain orders and regulations

117

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Programmes of research etc in relation to Wales

118

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Part 8 — Teachers

Teachers’ pay and conditions

School Teachers' Review Body

119
  • (1) The body established under section 1 of the School Teachers’ Pay and Conditions Act 1991 (c. 49) (review body)—
  • (a) shall continue to exist, and
  • (b) shall be known as the School Teachers’ Review Body.
  • (2) The Prime Minister shall appoint the chairman of the Review Body.
  • (3) The Secretary of State shall appoint other members of the Review Body.
  • (4) Schedule 11 (which makes provision about the Review Body) shall have effect.

Review Body: function

120
  • (1) The School Teachers’ Review Body shall consider any matter which is referred to them by the Secretary of State and which relates to—
  • (a) the remuneration of school teachers, or
  • (b) other conditions of employment of school teachers which relate to their professional duties or working time.
  • (2) In subsection (1) “school teacher” means a person who is a school teacher for the purposes of the Secretary of State’s power under section 122 to make orders about remuneration and other conditions of employment.
  • (3) Following consideration of a matter under subsection (1) the Review Body shall report to the Prime Minister and the Secretary of State in accordance with any direction of the Secretary of State about—
  • (a) a consideration to which they are to have particular regard,
  • (b) matter on which they are to make a recommendation, or
  • (c) the time within which they are to report.
  • (4) Where the Prime Minister and the Secretary of State receive a report under subsection (3) they shall arrange for it to be published.
  • (5) A direction under subsection (3) may be varied or revoked.

Consultation by Review Body

121
  • (1) Before reporting on a matter referred to them under section 120(1) the School Teachers’ Review Body shall—
  • (a) notify each relevant body,
  • (b) give each relevant body an opportunity to submit evidence and make representations, and
  • (c) give the Secretary of State an opportunity to submit evidence and make representations.
  • (2) In relation to a matter referred to the Review Body “relevant body” means such of the following as appear to the Review Body to be appropriate to consult about the matter—
  • (a) associations of local authorities,
  • (b) local authorities,
  • (c) bodies representing the interests of governing bodies of schools, and
  • (d) bodies representing the interests of teachers.
  • (3) The Review Body may—
  • (a) determine the manner in which each relevant body is permitted to submit evidence or make representations, and
  • (b) may make different determinations in respect of different relevant bodies.

Power to prescribe pay and conditions

122
  • (1) The Secretary of State may by order make provision for the determination of—
  • (a) the remuneration of school teachers;
  • (b) other conditions of employment of school teachers which relate to their professional duties or working time.
  • (2) Where an order under this section applies to a school teacher—
  • (a) his remuneration shall be determined and paid in accordance with any provision of the order which applies to him,
  • (b) a provision of the order which relates to a condition of employment other than remuneration and which applies to him shall have effect as a term of his contract of employment, and
  • (c) a term of that contract shall have no effect in so far as it makes provision which is prohibited by the order or which is otherwise inconsistent with a provision of the order.
  • (3) A person is a school teacher for the purposes of this section if—
  • (a) he is a qualified teacher,
  • (b) he provides primary or secondary education under a contract of employment or for services,
  • (c) the other party to the contract is a local authority or the governing body of a foundation, voluntary aided or foundation special school, and
  • (d) the contract requires him to carry out work of a kind which is specified by regulations under section 133(1).
  • (4) A person is also a school teacher for the purposes of this section if he serves as the head teacher of a school maintained by a local authority.
  • (5) A person is also a school teacher for the purposes of this section if his case satisfies paragraphs (b), (c) and (d) of subsection (3) and—
  • (a) he possesses a prescribed qualification,
  • (b) he provides education of a prescribed kind or in prescribed circumstances (or both),
  • (c) he is undertaking training of a prescribed kind, or obtaining experience of a prescribed kind, with a view to becoming a qualified teacher,
  • (d) he is within a prescribed class of persons awaiting assessment for the purpose of becoming a qualified teacher, or
  • (e) he is within a prescribed class of persons awaiting the award of a qualification.
  • (6) A person providing education in an establishment maintained by a local authority in the exercise of a social services function is not a school teacher for the purposes of this section.
  • (7) In the application of subsection (2)—
  • (a) it is immaterial whether someone other than the party mentioned in subsection (3)(c) provides or is responsible for providing all or part of a teacher’s remuneration,
  • (b) it is immaterial whether someone other than the party mentioned in subsection (3)(c) is treated wholly or partly as a teacher’s employer for some or all purposes by virtue of an enactment, and
  • (c) in relation to a person who provides education under a contract for services, a reference to his contract of employment is a reference to the contract for services.
  • (8) In this section “prescribed” means prescribed by an order under this section.

Order under section 122: scope

123
  • (1) An order under section 122 may, in particular—
  • (a) confer discretion on a local authority or a governing body;
  • (b) confer a function (which may include the administration of a test or assessment, the exercise of a discretion or the exercise of a supervisory or appellate jurisdiction) on the Secretary of State or on a specified person who has agreed with the Secretary of State to perform that function;
  • (c) require a discretion or function conferred under paragraph (a) or (b) to be exercised having regard to guidance given by the Secretary of State or another specified person;
  • (d) make provision for the determination of a teacher’s remuneration by reference to any matter including, in particular, his qualifications, experience, duties, aptitude or previous salary;
  • (e) make provision for a right of appeal specified by or determined in accordance with the order;
  • (f) limit the aggregate amount of an allowance, or of a number of allowances, payable to teachers in a school;
  • (g) set a lower or upper limit on the number or proportion of teachers in a school who are paid on a specified scale;
  • (h) set a lower or upper limit on the number or proportion of teachers in a school who are paid a specified allowance;
  • (i) provide for special provisions to apply in relation to a description of school specified by or determined in accordance with the order;
  • (j) provide for the determination of a question of the interpretation or application of a provision of the order.
  • (2) Provision under subsection (1)(e) or (j) may—
  • (a) confer jurisdiction on a court, tribunal, person or body;
  • (b) provide for a matter to be settled by agreement between, or in a manner agreed between, teachers and local authorities or teachers and governing bodies.
  • (3) An order under section 122 may make retrospective provision, but not so as to—
  • (a) reduce remuneration in respect of a period wholly or partly before the making of the order, or
  • (b) alter a condition of employment to the detriment of a teacher in respect of a period wholly or partly before the making of the order.
  • (4) The Secretary of State may by order provide—
  • (a) that a payment or entitlement of a specified kind is or is not to be treated as remuneration for the purpose of section 122(1);
  • (b) that a specified matter is or is not to be treated for that purpose as relating to the professional duties of school teachers;
  • (c) that a specified matter is or is not to be treated for that purpose as relating to the working time of school teachers.

Order under section 122: supplemental

124
  • (1) An order under section 122 may—
  • (a) make provision which applies generally or only in a specified case or in specified circumstances;
  • (b) make different provision for different cases or circumstances;
  • (c) make transitional provision.
  • (2) An order under section 122 may make provision by reference to the exercise of another power under this Act.
  • (3) An order under section 122 may make provision by reference to a document; and—
  • (a) an order which makes provision by reference to a document must include provision about publication of the document, and
  • (b) a reference in this section to an order includes a reference to a document referred to by an order.

Reference to Review Body

125
  • (1) An order under section 122 may make provision about a matter only if the Secretary of State has—
  • (a) referred the matter to the School Teachers’ Review Body under section 120, and
  • (b) considered their report.
  • (2) But subsection (1) shall not apply—
  • (a) to subsidiary provision, or
  • (b) in a case where the Secretary of State has consulted the chairman of the Review Body about disapplying that subsection.
  • (3) Provision is subsidiary for the purpose of subsection (2)(a) if the Secretary of State thinks that it—
  • (a) concerns only the criteria for entry into or exit from a particular class of teachers for purposes of remuneration,
  • (b) concerns only the criteria for moving from one scale of remuneration to another,
  • (c) concerns only the implementation or application of a system or principle on which the Review Body has reported,
  • (d) prescribes a matter for the purpose of section 122(5),
  • (e) is made under section 123(4), or
  • (f) is minor, consequential, temporary, transitional or designed to resolve an anomaly.
  • (4) The Secretary of State may by order provide that provision of a specified kind (which may be described wholly or partly by reference to an opinion of the Secretary of State or another person)—
  • (a) shall be subsidiary for the purpose of subsection (2)(a), or
  • (b) shall cease to be subsidiary for that purpose.
  • (5) An order under subsection (4) may amend subsection (3).

Consultation by Secretary of State

126

The Secretary of State may not make an order under section 122 or 125(4)(a) unless he has consulted such of the following as appear to him to be appropriate to consult having regard to the content of the order—

  • (a) associations of local authorities,
  • (b) local authorities,
  • (c) bodies representing the interests of governing bodies of schools, and
  • (d) bodies representing the interests of teachers.

Guidance

127
  • (1) The Secretary of State may issue guidance about the procedure to be followed in applying provision of an order under section 122.
  • (2) The following shall have regard to guidance under subsection (1)—
  • (a) a local authority, and
  • (b) the governing body of a school.
  • (3) Where an employer fails to follow guidance under subsection (1)—
  • (a) the failure shall not give rise to civil liability, but
  • (b) a court or tribunal may take the failure into account in any proceedings.
  • (4) The Secretary of State may not issue guidance under subsection (1) unless he has consulted such of the following as appear to him to be appropriate to consult having regard to the nature of the guidance—
  • (a) associations of local authorities,
  • (b) local authorities,
  • (c) bodies representing the interests of governing bodies of schools, and
  • (d) bodies representing the interests of teachers.

Education action zone

128
  • (1) This section applies to a school which forms part of an education action zone for the purposes of Chapter 3 of Part 1 of the School Standards and Framework Act 1998 (c. 31).
  • (2) On the application of the governing body of a school, the Secretary of State may by order provide that section 122(2) shall not apply to any school teacher at the school.
  • (3) Where an order under subsection (2) is in force in respect of a school—
  • (a) the governing body shall determine the remuneration and other conditions of employment of each school teacher at the school,
  • (b) the local authority shall do anything necessary to give effect to the governing body’s determination, and
  • (c) pending a determination under paragraph (a), the terms on which a school teacher works at the school shall remain unchanged (irrespective of any new order under section 122).
  • (4) A governing body may not make an application under subsection (2) unless they have consulted each school teacher at the school.
  • (5) An application under subsection (2) must specify a date for commencement of the order sought; and—
  • (a) the date specified must not precede the expiry of the period of three months beginning with the date on which the application is made, and
  • (b) an order made on the application must provide that it comes into force on the date specified in the application or on a later date which is agreed between the Secretary of State and the governing body and which is specified in the order.
  • (6) The Secretary of State may make regulations about the application of section 122(2) where an order under subsection (2) above—
  • (a) is revoked, or
  • (b) lapses (in whole or in part) because one or more schools to which the order relates cease to form part of an education action zone.
  • (7) In this section “school teacher” has the same meaning as in section 122.

Transfer of employment

129
  • (1) Section 122(2) shall not apply to a person if—
  • (a) a maintained school is established in place of an independent school in pursuance of proposals published under the relevant school organisation provisions (as defined by subsection (6)), and
  • (b) the person becomes a school teacher in the maintained school in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 2006.
  • (2) But if the school teacher gives a notice in writing under this subsection to his new employer, section 122(2) shall apply to him in respect of the period beginning with—
  • (a) a date specified in the notice,
  • (b) if no date is specified under paragraph (a), a date agreed between the teacher and the new employer, or
  • (c) if no date is specified under paragraph (a) or agreed under paragraph (b), the date on which the employer receives the notice.
  • (3) Where the governing body of a foundation, voluntary aided or foundation special school receive a notice under subsection (2), they shall inform the local authority.
  • (4) In this section “school teacher” has the same meaning as in section 122.
  • (5) In subsection (1) “maintained school” means—
  • (a) a community school,
  • (b) a foundation school,
  • (c) a voluntary school,
  • (d) a community special school,
  • (e) a foundation special school, or
  • (f) a maintained nursery school.
  • (6) In subsection (1)(a) “the relevant school organisation provisions” means—
  • (a) in relation to England, section 28, 28A or 31 of the School Standards and Framework Act 1998, section 66 of the Education Act 2005 or section 7 or 11 of the Education and Inspections Act 2006, and
  • (b) in relation to Wales, section 28 or 31 of the School Standards and Framework Act 1998 or Part 3 of the School Standards and Organisation (Wales) Act 2013.

Repeal of School Teachers' Pay and Conditions Act 1991

130

The School Teachers’ Pay and Conditions Act 1991 (c. 49) shall cease to have effect.

School teachers’ appraisal

Appraisal

131
  • (1) Regulations may require the appraisal of the performance of teachers—
  • (a) in a manner specified by the regulations, and
  • (b) at times specified by or determined in accordance with the regulations.
  • (2) The regulations may impose a duty on—
  • (a) a local authority;
  • (b) the governing body of a school or institution;
  • (c) the head teacher of a school or the principal of an institution.
  • (3) The regulations may—
  • (a) require or permit an appraisal to be carried out in a manner which confers a discretion on a person specified by or chosen or determined in accordance with the regulations;
  • (b) permit a person on whom a duty is imposed under subsection (2) to delegate that duty in whole or in part.
  • (4) The regulations may require or permit a person listed in subsection (2) to have regard to the results of an appraisal in the performance of a function specified by the regulations.
  • (5) The results of an appraisal may be used in determining a teacher’s remuneration.
  • (6) Before making regulations under this section the Secretary of State shall consult such of the following as appear to him to be appropriate—
  • (a) associations of local authorities in England,
  • (b) local authorities in England,
  • (c) bodies representing the interests of governing bodies in England,
  • (d) bodies representing the interests of teachers in England, ...
  • (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (7) Before making regulations under this section the National Assembly for Wales shall consult such of the following as appear to it to be appropriate—
  • (a) associations of local authorities in Wales,
  • (b) local authorities in Wales,
  • (c) bodies representing the interests of governing bodies in Wales, and
  • (d) bodies representing the interests of teachers in Wales, ...
  • (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (8) Section 49 of the Education (No. 2) Act 1986 (c. 61) (appraisal) shall cease to have effect.

School teachers’ qualifications

Qualified teacher status

132
  • (1) A reference in the Education Acts to a “qualified teacher” is to a person who satisfies requirements specified in regulations.
  • (2) A requirement of regulations under this section may relate to—
  • (a) the possession of a specified qualification or experience of a specified kind;
  • (b) participation in or completion of a specified programme or course of training;
  • (c) compliance with a specified condition;
  • (d) an exercise of discretion by the Secretary of State, the National Assembly for Wales or another specified person.
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (4) The National Assembly for Wales shall consult the Education Workforce Council before making regulations under this section which make provision by reference to—
  • (a) the content of a course or programme, or
  • (b) the standard of education or training provided through a course or programme.

Requirement to be qualified

133
  • (1) Regulations may provide that specified work may not be carried out by a person in a school in England unless he—
  • (a) is a qualified teacher, or
  • (b) satisfies specified requirements.
  • (2) Regulations specifying work for the purpose of this section may make provision by reference to—
  • (a) one or more specified activities, or
  • (b) the circumstances in which activities are carried out.
  • (3) Provision by virtue of subsection (2) may, in particular, be made by reference to an activity specified in a document of the kind mentioned in section 124(3).
  • (4) A requirement of regulations under this section may, in particular, relate to—
  • (a) the possession of a specified qualification or experience of a specified kind;
  • (b) participation in or completion of a specified programme or course of training;
  • (c) compliance with a specified condition;
  • (d) an exercise of discretion by the Secretary of State, the National Assembly for Wales, another specified person or another person of a specified description.
  • (5) Regulations may limit the period of time during which work may be carried out by a person in reliance on subsection (1)(b).
  • (6) In this section “school” means—
  • (a) a school maintained by a local authority, or
  • (b) a special school not so maintained.

Requirement to be registered

134

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Head teachers

135
  • (1) Regulations may provide that a person may serve as the head teacher of a school only if he is a qualified teacher.
  • (2) Regulations may provide that a person may serve as the head teacher of a school only if he has a specified qualification (in addition to any qualification required by virtue of subsection (1)).
  • (3) A provision of regulations under subsection (2) shall not apply to a person who has been appointed as the head teacher of a school before the commencement of the provision.
  • (4) Regulations under subsection (2) shall not prevent a person from carrying out the functions of the head teacher of a school—
  • (a) pending the appointment of a head teacher, or
  • (b) in the absence of the head teacher.
  • (5) In this section “school” means—
  • (a) a school maintained by a local authority, or
  • (b) a special school not so maintained.

Further education

Provision of education

136

Regulations may—

  • (a) prohibit the provision of education at a further education institution in Wales by a person who does not have a specified qualification;
  • (b) prohibit the provision of education at a further education institution in Wales by a person unless he is serving or has served a probationary period;
  • (c) specify conditions to be complied with by or in respect of persons providing education at a further education institution.

Principals of further education institutions

137
  • (1) Regulations may provide that a person may serve as the principal of a further education institution in Wales only if he has a specified qualification.
  • (2) Regulations under subsection (1) shall not prevent a person from serving as the principal of an institution while he is following a course or programme which—
  • (a) is of a kind specified in the regulations, and
  • (b) is designed to lead to the award of a qualification specified under subsection (1).
  • (2A) Regulations under subsection (1) may limit the period of time during which a person may serve as the principal of an institution in reliance on subsection (2).
  • (3) A provision of regulations made under subsection (1) by the Welsh Ministers in relation to Wales shall not apply to a person who has been appointed as the principal of an institution in England or Wales ” before the commencement of the provision.
  • (4) Regulations under subsection (1) shall not prevent a person from carrying out the functions of the principal of an institution—
  • (a) pending the appointment of a principal, or
  • (b) in the absence of the principal.

Training in provision of further education

138
  • (1) This section applies to a course which is designed to lead to the award of a qualification specified under section 136 or 137(1).
  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) The National Assembly for Wales may by regulations—
  • (a) prohibit the provision by a further or higher education institution in Wales of a course to which this section applies without the approval of the National Assembly;
  • (b) enable the National Assembly to determine the number of persons who may undertake a specified course to which this section applies at a further or higher education institution in Wales;
  • (c) enable the National Assembly to determine the number of persons in different categories who may undertake a specified course to which this section applies at a further or higher education institution in Wales.

Wales: provision of higher education

139

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Further education: general

140
  • (1) Regulations under any of sections 136 to 139 may provide that a specified provision of the regulations shall not apply where a specified condition (which may refer to the opinion of a specified person) is satisfied.
  • (2) Regulations under any of sections 136 to 139 may impose a function on—
  • (a) a local authority, or
  • (b) the governing body of a further or higher education institution.
  • (3) In sections 136 to 139—
  • “education” includes vocational, social, physical and recreational training,
  • “further education institution” means an institution which—provides further education and is maintained by a local authority, oris within the further education sector, and
  • “higher education institution” means an institution which—is within the higher education sector, andreceives financial support under section 65 of the Further and Higher Education Act 1992 (c. 13) (administration of funds by higher education funding councils).
  • (4) For the purposes of section 138(3), a university to which an approved plan relates is to be treated (in any case where it would not be so treated but for this subsection) as being a higher education institution.
  • (5) “Approved plan”, in subsection (4), has the meaning given in section 7 of the Higher Education (Wales) Act 2015.

Health and fitness

Health and fitness

141
  • (1) Regulations may provide that an activity to which this section applies may be carried out only by a person who satisfies specified conditions as to health or physical capacity.
  • (2) This section applies to an activity of a prescribed kind performed in the course of the provision of education at—
  • (a) a school, or
  • (b) a further education institution.
  • (3) This section also applies to an activity of a prescribed kind performed in the course of the provision of education by a person—
  • (a) otherwise than in a school or a further education institution, and
  • (b) under a contract of employment or for services where the other party is a local authority or a person exercising a function relating to the provision of education on behalf of a local authority.
  • (4) This section also applies to an activity of a prescribed kind (other than the provision of education) where—
  • (a) the activity is carried out by a person under a contract of employment or for services,
  • (b) the other party to the contract is—
  • (i) a local authority which entered into the contract for purposes connected with any of their education functions,
  • (ii) the governing body of a school, or
  • (iii) a further education institution,
  • (c) the activity regularly brings the person into contact with children.
  • (5) In this section—
  • “child” means a person who has not attained the age of 18 years,
  • “education” includes vocational, social, physical and recreational training,
  • “further education institution” has the meaning given by section 140, and
  • “school” means—a school maintained by a local authority, ora special school not so maintained.

Misconduct etc.

Prohibition from teaching, etc.

142
  • (1) The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may direct that a person—
  • (a) may not carry out work to which this section applies;
  • (b) may carry out work to which this section applies only in circumstances specified in the direction;
  • (c) may carry out work to which this section applies only if conditions specified in the direction are satisfied.
  • (2) This section applies to—
  • (a) providing education at a school,
  • (b) providing education at a further education institution,
  • (c) providing education under a contract of employment or for services where the other party to the contract is a local authority or a person exercising a function relating to the provision of education on behalf of a local authority, and
  • (d) taking part in the management of an independent school.
  • (3) This section also applies to work of a kind which—
  • (a) brings a person regularly into contact with children, and
  • (b) is carried out at the request of or with the consent of a relevant employer (whether or not under a contract).
  • (4) A direction under this section may be given in respect of a person only—
  • (a) on the grounds that the person is included (otherwise than provisionally) in the list kept under section 1 of the Protection of Children Act 1999 (c. 14) (list of individuals considered unsuitable to work with children),
  • (b) on the grounds that the person is unsuitable to work with children,
  • (c) on grounds relating to the person’s misconduct,
  • (d) on grounds relating to the person’s health, or
  • (e) in the case of a direction given by virtue of subsection (2)(d), on grounds relating to the person’s professional incompetence (or on a ground mentioned in any of paragraphs (a) to (d)).
  • (5) The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may by regulations prescribe the procedure for giving a direction under this section (including provision about notification of persons who are subject to directions).
  • (6) The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may vary or revoke a direction under this section except in a case where—
  • (a) the direction was given on the grounds that a person is unsuitable to work with children, and
  • (b) the person claims that he is no longer unsuitable to work with children.
  • (7) The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may by regulations prescribe the grounds on which a person subject to a direction under this section may seek to have it varied or revoked under subsection (6).
  • (8) Where a person is subject to a direction under this section, a relevant employer shall not use the person to carry out work in contravention of the direction.
  • (9) In this section—
  • “child” means a person who has not attained the age of 18 years,
  • “education” includes vocational, social, physical and recreational training,
  • “further education institution” has the meaning given by section 140,
  • “relevant employer” means— local authority exercising an education function,a person exercising a function relating to the provision of education on behalf of a local authority,the proprietor of a school, orthe governing body of a further education institution, and
  • “school” includes an independent school.

Directions under section 142: contractor, agency, etc.

143
  • (1) A person shall not arrange for an individual who is subject to a direction under section 142 to carry out work in contravention of the direction.
  • (2) If the Secretary of State thinks that a person is likely to fail to comply with the duty under this section in relation to work in England, the Secretary of State may direct the person to take or refrain from taking specified steps with a view to securing compliance with that duty.
  • (3) If the National Assembly for Wales thinks that a person is likely to fail to comply with the duty under this section in relation to work in Wales, the National Assembly may direct the person to take or refrain from taking specified steps with a view to securing compliance with that duty.
  • (4) A direction under subsection (2) shall be enforceable, on the application of the Secretary of State, by a mandatory order.
  • (5) A direction under subsection (3) shall be enforceable, on the application of the National Assembly, by a mandatory order.

Directions under section 142: appeal

144
  • (1) A person in respect of whom a direction has been given under section 142 may appeal to the First-tier Tribunal—
  • (a) against the decision to give the direction;
  • (b) against a decision not to vary or revoke the direction.
  • (2) In a case to which subsection (3) applies, the Tribunal may, on an application for a review of a direction under section 142, revoke the direction.
  • (3) This subsection applies to a case where—
  • (a) the direction was given on the grounds that the applicant is unsuitable to work with children,
  • (b) the applicant has obtained the leave of the Tribunal to apply for a review of the direction, and
  • (c) the Tribunal is satisfied that the applicant is no longer unsuitable to work with children.
  • (4) The Secretary of State, in relation to England, or the Secretary of State and the National Assembly for Wales concurrently, in relation to Wales, may by regulations—
  • (a) provide that the Tribunal may not entertain an appeal under this section in so far as the appellant’s case is inconsistent with his having been convicted of an offence;
  • (b) prescribe circumstances in which the Tribunal shall allow an appeal under this section;
  • (c) prescribe the powers available to the Tribunal on allowing an appeal under this section;
  • (d) prescribe circumstances in which the Tribunal shall grant an application for leave under this section;
  • (e) prescribe circumstances in which the Tribunal shall grant an application for a review under this section;
  • (f) prescribe the powers available to the Tribunal on revoking a direction.

Sections 132to 140: general

Specification of qualification or course

145
  • (1) A power under sections 132 to 140 to make provision by reference to a specified qualification, a specified course of education or training or a specified programme includes power to make provision—
  • (a) by reference to a class or description of qualification, course or programme;
  • (b) by reference to the institution, or class or description of institution, which awards the qualification or provides the course or programme;
  • (c) which confers discretion on the Secretary of State, ... ... the National Assembly for Wales, the Commission for Tertiary Education and Research, the General Teaching Council for Wales or another specified person.
  • (2) A discretion under subsection (1)(c) may, in particular, refer to approval or accreditation of a qualification, course, programme or institution.
  • (3) Regulations made by virtue of subsection (1) may impose a duty on ... the Commission for Tertiary Education and Research.

Repeal of sections 218 and 218A of Education Reform Act 1988

146

Sections 218 and 218A of the Education Reform Act 1988 (c. 40) (school and further and higher education regulations) shall cease to have effect.

1999 Pay Document

Application of pay-scale

147
  • (1) This section—
  • (a) applies to the construction of paragraph 18 of the document referred to in article 3 of the Education (School Teachers’ Pay and Conditions) (No. 2) Order 1999 (S.I. 1999/2160) (classroom teachers: criteria for position on pay spine) as it had effect from 1st September 1999 to 31st March 2000, and
  • (b) shall be treated as having come into force on 1st September 1999 (for all purposes including the calculation of pensions).
  • (2) Where a person is awarded one or more points, he shall be paid the salary shown for the spine point which equates to the number of points awarded.
  • (3) Where a person is not awarded a point, he shall be paid the salary shown for the lowest spine point.
  • (4) In paragraph 18.1.1 (good honours degree)—
  • (a) paragraph (a) shall be ignored,
  • (b) paragraph (b) shall be treated as applying irrespective of the date of a person’s appointment to his first post following qualification as a teacher, and
  • (c) in paragraph (c) the words “before 1st September has been employed as a qualified teacher and who” shall be ignored.

General Teaching Councils for England and Wales

The General Teaching Councils for England and Wales

148

Schedule 12 (which contains amendments relating to the General Teaching Council for England and the General Teaching Council for Wales) shall have effect.

Part 9 — Childcare and nursery education

Childcare

Duties of LEA in respect of childcare

149
  • (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (2) Section 19(1) and (2) of the Children Act 1989 (c. 41) (duty of local authorities in England and Wales to conduct periodic reviews of child care) shall cease to have effect.

Early years development and childcare partnerships and plans

150
  • (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (5) Early years development partnerships are renamed “early years development and childcare partnerships” ...; accordingly in Part 5 of that Act after “early years development” (in each place it occurs) there is inserted “ and childcare ”.

Childcare functions of Her Majesty’s Chief Inspector and National Assembly for Wales

151
  • (1) The Secretary of State may by order confer on Her Majesty's Chief Inspector of Education, Children's Services and Skills such additional functions specified in the order as the Secretary of State considers necessary or expedient to enable Her Majesty’s Chief Inspector to approve persons in accordance with criteria determined by or under a scheme made under the Tax Credits Act 2002 (c. 21) for the approval of persons who are to be regarded as providing child care for the purposes of working tax credit.
  • (2) The National Assembly for Wales shall have any additional function specified in an order made by it which it considers necessary or expedient to enable it to approve persons as mentioned in subsection (1); but the order may only specify a function corresponding to a function which, by virtue of that subsection, is exercisable by Her Majesty's Chief Inspector of Education, Children's Services and Skills .

Regulation of child minding and day care

152

Schedule 13 (which makes provision about the regulation of child minding and day care) shall have effect.

Nursery education

Powers of LEA in respect of funded nursery education

153
  • (1) This section applies where a local authority in Wales, in pursuance of the duty imposed on them by section 118 of the School Standards and Framework Act 1998 (c. 31) (duty of local authority as respects availability of nursery education), makes arrangements with a person (other than the governing body of a maintained school) for the provision by that person of nursery education in consideration of financial assistance provided by the authority under the arrangements.
  • (2) The local authority—
  • (a) must, in making the arrangements, have regard to any guidance given from time to time by ... the National Assembly for Wales, as to provision to be made in such arrangements in respect of the requirements to be met by the provider of the nursery education, and
  • (ab) must make provision in the arrangements requiring the provider of the nursery education to have regard to any relevant guidance included in the code on additional learning needs issued under section 4 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018, and
  • (b) must exercise their functions with a view to securing that the provider meets any requirements imposed on him by the arrangements.
  • (3) Subject to any guidance given under subsection (2)(a), the requirements imposed by the arrangements may, in particular, if any specified conditions are not satisfied, require the repayment of the whole or any part of any financial assistance provided by the local authority under the arrangements.
  • (4) In this section—
  • “maintained school” means a community, foundation or voluntary school, a community ... special school or a maintained nursery school;
  • “nursery education” means full-time or part-time education suitable for children who have not attained compulsory school age (whether provided at schools or elsewhere).

Establishment or alteration of maintained nursery schools

154

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

Inspection of nursery education

155

Schedule 14 (which makes provision about the inspection of nursery education) shall have effect.

Meaning of “nursery school” and “primary education”

156
  • (1) In section 6(1) of the Education Act 1996 (c. 56) (meaning of “nursery school”), after “used” there is inserted “ wholly or ”.
  • (2) For section 2(1) of that Act there is substituted—

(1) In this Act “primary education” means— (a) full-time or part-time education suitable to the requirements of children who have attained the age of two but are under compulsory school age; (b) full-time education suitable to the requirements of junior pupils of compulsory school age who have not attained the age of 10 years and six months; and (c) full-time education suitable to the requirements of junior pupils who have attained the age of 10 years and six months and whom it is expedient to educate together with junior pupils within paragraph (b).

Part 10 — Independent schools

Chapter 1 — Regulation of independent schools

Standards

Independent school standards

157
  • (1) For the purposes of this Chapter, regulations shall prescribe standards about the following matters—
  • (a) the quality of education provided at independent schools;
  • (b) the spiritual, moral, social and cultural development of pupils at independent schools;
  • (c) the welfare, health and safety of pupils at independent schools;
  • (d) the suitability of proprietors of and staff at independent schools;
  • (e) the premises of and accommodation at independent schools;
  • (f) the provision of information by independent schools;
  • (g) the manner in which independent schools handle complaints.
  • (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (2) In this Chapter “independent school standards” means—
  • (a) the standards for the time being prescribed under this section, ...
  • (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Requirement of registration

The registers

158
  • (1) There shall continue to be—
  • (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (b) a register of independent schools in Wales.
  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) The register of independent schools in Wales shall be kept by the Welsh Ministers.
  • (4) The Welsh Ministers must publish a list of the schools included in the register of independent schools in Wales, as amended from time to time.
  • (5) If the Welsh Ministers have been provided with the necessary information by the proprietor of the school, the published list must specify the type or types of additional learning provision made by a school on the list for pupils with additional learning needs (if any).

Unregistered schools

159
  • (1) A person who conducts an independent school which is not a registered school is guilty of an offence.
  • (2) A person guilty of an offence under subsection (1) is liable on summary conviction to—
  • (a) a fine not exceeding level 5 on the standard scale, or
  • (b) imprisonment for a term not exceeding six months,

or to both.

  • (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (4) Where the Chief Inspector has reasonable cause to believe that an offence under subsection (1) is being committed on any premises, he may at any reasonable time—
  • (a) enter and inspect the premises, and
  • (b) inspect and take copies of any records or other documents which he has reasonable cause to believe may be required for the purposes of proceedings in relation to such an offence.
  • (5) Section 58 of the Education Act 2005 (computer records) applies in relation to the inspection of records or other documents under subsection (4)(b).
  • (6) It is an offence wilfully to obstruct the Chief Inspector in the exercise of his functions under subsection (4).
  • (7) A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

Registration procedure

Applications for registration

160
  • (1) An application to enter an independent school in the register must—
  • (a) contain the prescribed information, and
  • (b) be made to the registration authority by the proprietor of the school in the prescribed manner.
  • (2) The information prescribed under subsection (1)(a) shall include information as to the following matters relating to the school—
  • (a) the age range of pupils;
  • (b) the maximum number of pupils;
  • (c) whether the school is for male or female pupils or both;
  • (d) whether the school provides accommodation for pupils;
  • (e) the type or types of additional learning provision made by the school for pupils with additional learning needs (if any).
  • (3) Where the proprietor of an independent school makes an application to the registration authority under this section, the authority shall notify the Chief Inspector.
  • (4) The Chief Inspector shall then inspect the school and report to the registration authority on the extent to which the independent school standards are met, and are likely to continue to be met, in relation to the school.

Determination of applications for registration

161
  • (1) Where a school has been inspected under section 160, the registration authority shall, taking into account—
  • (a) the report of the Chief Inspector under that section, and
  • (b) any other evidence relating to the independent school standards,

determine whether those standards are met, and are likely to continue to be met, in relation to the school.

  • (2) The registration authority shall notify the proprietor of a school of any determination made by the authority under this section in relation to the school.
  • (3) If the registration authority determines under this section that the independent school standards are met, and are likely to continue to be met, in relation to a school, the authority shall enter the school in the register.
  • (4) An entry in the register for a school shall include —
  • (a) the name and address of the school,
  • (b) the name of the proprietor of the school, and
  • (c) the information supplied pursuant to section 160(2)(a) to (e).

Enforcement of standards after registration

Changes to registered details

162
  • (1) The registration authority may remove a school from the register if—
  • (a) there is a material change in relation to the school, and
  • (b) the change has not been approved under this section or section 167.
  • (2) For the purposes of subsection (1), “material change”, in relation to a school, means—
  • (a) a change of proprietor,
  • (b) a change of address, or
  • (c) a change to the school in respect of any of the matters referred to in section 160(2)(a) to (e).
  • (3) Applications for approval under this section must be made in writing and, in the case of approval of a change of proprietor, must be made by the proposed new proprietor.
  • (4) Where an application for approval is made under this section, the registration authority may require the Chief Inspector to—
  • (a) inspect the school, and
  • (b) report to the authority on the extent to which, if the change is made, any relevant standard is likely to continue to be met in relation to the school.
  • (5) In subsection (4), “relevant standard” means any of the independent schools standards specified by the authority for the purposes of that subsection.
  • (6) The registration authority shall, where an application for approval is made under this section—
  • (a) approve the change, if the condition in subsection (7) is satisfied, and
  • (b) in any other case, refuse to approve it.
  • (7) The condition in this subsection is that the authority is satisfied that, taking into account—
  • (a) any report under subsection (4), and
  • (b) any other evidence relating to the independent school standards,

those standards will continue to be met in relation to the school.

Power to inspect registered schools

163
  • (1) The registration authority may at any time—
  • (a) require the Chief Inspector... to inspect any registered school..., or to secure its inspection by one or more registered inspectors, or
  • (b) arrange for the inspection of any registered school by a body approved by the registration authority for the purposes of this subsection.
  • (2) The inspection of a school under this section shall relate to—
  • (a) such of the independent school standards as are, at the time of the inspection, specified by the registration authority for the purposes of this section in relation to any category of school into which that school falls, or
  • (b) if the registration authority so determines, such of the independent school standards as the registration authority may specify in relation to that school.
  • (3) A person who conducts an inspection under this section shall—
  • (a) make a report to the registration authority on the extent to which the school meets the standard or standards to which the inspection relates, and
  • (b) if the registration authority so requires, arrange for the publication of the report in the prescribed manner.
  • (4) A report published under subsection (3) is privileged for the purposes of the law of defamation unless the publication is shown to be made with malice (but without prejudice to any privilege subsisting apart from this subsection).
  • (5) In this section and section 164—
  • ...
  • “registered inspector” means a person registered under section 25 of the Education Act 2005.

Inspections: supplementary

164
  • (1) This section applies to the inspection of a school which is conducted by the Chief Inspector... or a registered inspector under section 163(1)(a).
  • (2) If the inspection is conducted by a registered inspector—
  • (a) he may, by agreement with the Chief Inspector..., be assisted by the Chief Inspector ..., and
  • (b) he may be assisted by such one or more persons enrolled in the list kept under paragraph 4 of Schedule 4 to the Education Act 2005 as he may determine, subject to paragraph 3(5) of that Schedule and subsection (3) below.
  • (3) If the Chief Inspector... so requires, a registered inspector shall be assisted by at least one person enrolled in the list referred to in subsection (2)(b)—
  • (a) who is without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity, and disregarding any experience which it is reasonable to regard as insignificant), and
  • (b) whose primary function in the inspection is not that of providing financial or business expertise.
  • (4) If the inspection is conducted by a registered inspector, it may be monitored by the Chief Inspector....
  • (5) The person conducting the inspection, any person assisting him pursuant to subsection (2) or (3) and any person monitoring the inspection shall have at all reasonable times—
  • (a) a right of entry to the premises of the school, and
  • (b) a right to inspect and take copies of any records kept by the school and any other documents containing information relating to the school which are required for the purposes of the inspection.
  • (6) Section 58 of the Education Act 2005 (computer records) applies in relation to the inspection of records or other documents under subsection (5)(b).
  • (7) It is an offence intentionally to obstruct a person in the exercise of his functions in relation to the inspection.
  • (8) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
  • (9) The proprietor of the school shall pay the Chief Inspector..., in respect of the inspection, a fee of such amount, and by such time, as may be specified in or determined under regulations.
  • (10) Where the proprietor fails to comply with subsection (9), the registration authority may remove the school from the register.
  • (11) The Chief Inspector... shall pay the amount of any fee received under subsection (9) into the Consolidated Fund.
  • (12) Subsection (11) has effect subject to paragraph 4 of Schedule 6 to the Government of Wales Act 1998 (Treasury power to direct that requirement for payment into Consolidated Fund not to apply in relation to specified sums received by the Chief Inspector...).

Failure to meet standards

165
  • (1) This section applies where, taking into account—
  • (a) a report under section ... 163 in respect of a registered school, or
  • (b) any other evidence in respect of a registered school,

the registration authority is satisfied that any one or more of the independent school standards is or are not being met in relation to the school.

  • (2) If the registration authority considers that there is a risk of serious harm to the welfare of pupils at the school, the authority may determine that the school is to be removed from the register on such date after the appeal period as the authority may determine.
  • (3) Where the registration authority does not make a determination under subsection (2), it shall serve a notice on the proprietor of the school—
  • (a) identifying the standard or standards in question, and
  • (b) requiring the proprietor to submit an action plan to the authority before the date specified in the notice (or such later date as the authority may specify after service of the notice).
  • (4) For the purposes of this section, an action plan is a plan specifying—
  • (a) the steps that will be taken to meet a standard or standards, and
  • (b) the time by which each step will be taken.
  • (5) Where an action plan is submitted in accordance with subsection (3) the registration authority may—
  • (a) reject it, or
  • (b) approve it, with or without modifications.
  • (6) Where an action plan is required under subsection (3) but is not submitted in accordance with that subsection, or is so submitted but rejected, the registration authority may—
  • (a) determine that the school is to be removed from the register on such date after the appeal period as the authority may determine, or
  • (b) make an order under subsection (8).
  • (7) Where an action plan has been approved under subsection (5), but any step specified in the plan is not taken by the date specified in the plan (whether as originally approved or as varied under paragraph (a)), the registration authority may—
  • (a) substitute a later date for the taking of that step,
  • (b) make an order under subsection (8), or
  • (c) determine that the school is to be removed from the register on such date after the appeal period as the authority may determine.
  • (8) An order under this subsection is an order requiring the proprietor of the school to do one or more of the following no later than such date after the appeal period as may be specified in the order—
  • (a) to cease using any part of the school premises for all purposes or purposes specified in the order;
  • (b) to close any part of the school’s operation;
  • (c) to cease to admit any new pupils, or new pupils of a description specified in the order.
  • (9) If the proprietor of a school fails to comply with an order under subsection (8)—
  • (a) he is guilty of an offence and liable on summary conviction to a term of imprisonment not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both, and
  • (b) e registration authority may determine that the school is to be removed from the register on such date after the appeal period as the authority may determine.
  • (10) Where the proprietor of a school in respect of which an order is made under subsection (8) applies to the registration authority for the order to be varied or revoked, the authority shall—
  • (a) vary or revoke the order as requested in the application, if it is satisfied that it is appropriate to do so because of any change of circumstance, and
  • (b) in any other case, refuse to do so.
  • (11) The variation or revocation of an order under subsection (10) shall take effect as from the date on which the proprietor of the school is notified of it.
  • (12) Where the registration authority has made a determination under this section to remove a school from the register on a particular date and no appeal is made against the determination under section 166, the authority shall remove the school from the register on that date.
  • (13) For the purposes of this Chapter, the “appeal period” in relation to a determination or order is the period within which an appeal against it may be made under section 166.

Appeals

166
  • (1) The proprietor of a registered school may appeal to the First-tier Tribunal against—
  • (a) a refusal under section 162 to approve a material change,
  • (b) a determination under section 165 to remove the school from the register,
  • (c) an order under section 165(8) requiring the taking of specified action, or
  • (d) a refusal under section 165(10) to vary or revoke such an order.
  • (2) An appeal under subsection (1) must be made within the period of 28 days beginning with the day on which notice of the refusal, determination or order is served on the proprietor.
  • (3) Where an appeal is made under subsection (1)(b) against a determination under section 165—
  • (a) if the appeal is withdrawn or otherwise disposed of before it is determined by the tribunal under section 167, the registration authority may remove the school from the register on such date after the appeal period as it may determine, and
  • (b) in any other case the registration authority may only remove the school pursuant to the determination in accordance with section 167.
  • (4) Where an appeal is made under subsection (1)(c) against an order under section 165(8), the order shall not have effect in relation to any time before the appeal is determined by the tribunal under section 167 or withdrawn or otherwise disposed of.
  • (5) In the case of an appeal against a determination under section 165(2), if at any time the tribunal considers that there is a risk of serious harm occurring to the welfare of pupils before the determination of the appeal, it may by order provide that the school is to be regarded as not registered for the purposes of section 159 until the tribunal determines the appeal under section 167 (or revokes the order before so determining the appeal).

Determination of appeals

167
  • (1) This section applies where an appeal is made under section 166 to the First-tier Tribunal.
  • (2) In the case of an appeal against a refusal under section 162 to approve a material change, the tribunal may—
  • (a) uphold the refusal to approve, or
  • (b) itself approve the change.
  • (3) In the case of an appeal against a determination under section 165 to remove the school from the register, the tribunal may—
  • (a) uphold the determination, or
  • (b) revoke the determination.
  • (4) Where under subsection (3)(a) the tribunal upholds a determination, the registration authority shall remove the school from the register on such date as the tribunal may specify or, if it does not specify a date, on such date as the registration authority may determine.
  • (5) Where under subsection (3)(b) the tribunal revokes a determination, it may order the proprietor of the school to do one or more of the following by such time as may be specified in the order—
  • (a) to cease using any part of the school premises for all purposes or purposes specified in the order;
  • (b) to close any part of the school’s operation;
  • (c) to cease to admit any new pupils, or new pupils of a description specified in the order.
  • (6) In the case of an appeal against an order under section 165(8) requiring the taking of specified action, the tribunal may—
  • (a) uphold the order,
  • (b) vary the order, or
  • (c) strike down the order.
  • (7) In the case of an appeal against a refusal under section 165(10) to vary or revoke an order under section 165(8), the tribunal may—
  • (a) uphold the refusal, or
  • (b) if in any case it is satisfied that it is appropriate to do so because of any change of circumstance after the making of the order—
  • (i) vary the order in such manner as it thinks fit, or
  • (ii) revoke the order.
  • (8) The tribunal may, on the application of the proprietor of a registered school, vary or revoke any order made by it under subsection (5) in relation to the school where it is satisfied that it is appropriate to do so because of any change of circumstance.
  • (9) If the proprietor of a school fails to comply with an order of the tribunal under subsection (5)—
  • (a) he is guilty of an offence and liable on summary conviction to a term of imprisonment not exceeding six months, or to a fine not exceeding level 5 on the standard scale, or to both, and
  • (b) the tribunal may, on the application of the registration authority, authorise the registration authority to remove the school from the register on such date as the tribunal may determine.

Supplementary

Provision of information

168
  • (1) Regulations may make provision for requiring the proprietor of a registered school to provide the registration authority, when the authority so requests, with such particulars relating to the school as may be prescribed.
  • (2) Regulations under this section may in particular—
  • (a) require the provision of such information as is required for the purposes of determining whether the school is—
  • (i) a children’s home in England (within the meaning of the Care Standards Act 2000), or
  • (ii) a provider of a care home service (within the meaning of the Regulation and Inspection of Social Care (Wales) Act 2016);
  • (b) provide for the registration authority to remove from the register any school in respect of which any requirement imposed by or under the regulations is not complied with;
  • (c) provide that a person who fails to comply with any specified provision of the regulations is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Unsuitable persons

169

The registration authority may remove a registered school from the register where it is satisfied that any person who, in relation to the school, carries out any work to which section 142 applies—

  • (a) is carrying out that work in contravention of a direction under that section, or
  • (b) is subject to an order under section 28 or 29 of the Criminal Justice and Court Services Act 2000 (c. 43) (disqualification from working with children).

work of a prescribed kind is subject to a direction, order or decision of a prescribed description made under any prescribed enactment having effect in any part of the United Kingdom.

Service of notice etc.

170
  • (1) The registration authority must serve on the proprietor of a registered school notice of—
  • (a) any decision made by the authority under section 162 in relation to the school;
  • (b) any determination or order made by the authority under section 165 in relation to the school;
  • (c) any decision made by the authority under subsection (10) of that section in relation to the school.
  • (2) For the purposes of this Chapter, any notice, order or other document required to be given to or served on the proprietor of a registered school may be given to or served on him by delivering it to the registered address of the school.

Interpretation of Chapter 1

171

In this Chapter—

  • “appeal period” has the meaning given by section 165;
  • “Chief Inspector” means—...... Her Majesty’s Chief Inspector of Education and Training in Wales;
  • ...
  • “independent school standards” has the meaning given by section 157;
  • “the register” means—...... the register of independent schools in Wales;
  • “registered” means entered in the register;
  • ...
  • “registration authority” means the Welsh Ministers.

Chapter 2 — Children with special educational needs

Alteration to definition of “independent school”

172

For section 463 of the Education Act 1996 (c. 56) (meaning of “independent school”) there is substituted—

(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 a statement is maintained under section 324, or who is looked after by a local authority (within the meaning of section 22 of the Children Act 1989), and which is not a school maintained by a local authority or a special school not so maintained. (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.

Right of access of LEA

173

In section 327 of the Education Act 1996 (c. 56) ( local authority to have access to certain schools to monitor provision made for child with special educational needs), in subsection (1)(b) (schools to which section applies), at the end there is inserted “or at an independent school”.

174

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Part 11 — Miscellaneous and General

General duties of local authorities and governing bodies

Duties of LEAs and governing bodies in relation to welfare of children

175
  • (1) A local authority shall make arrangements for ensuring that their education functions are exercised with a view to safeguarding and promoting the welfare of children.
  • (2) The governing body of a maintained school shall make arrangements for ensuring that their functions relating to the conduct of the school are exercised with a view to safeguarding and promoting the welfare of children who are pupils at the school.
  • (3) The governing body of an institution within the further education sector shall make arrangements for ensuring that their functions relating to the conduct of the institution are exercised with a view to safeguarding and promoting the welfare of children receiving education or training at the institution.
  • (3A) The proprietor of a 16 to 19 Academy must make arrangements to ensure that the proprietor's functions relating to the conduct of the Academy are exercised with a view to safeguarding and promoting the welfare of children receiving education or training at the Academy.
  • (3B) The Secretary of State may not—
  • (a) enter into an agreement with the proprietor of an institution in England for the provision of further education, unless the agreement requires the proprietor to comply with the safeguarding duties, or
  • (b) give financial assistance under section 14 to the proprietor of an institution in England for the provision of further education unless the assistance is given on terms requiring the proprietor to comply with the safeguarding duties,

but this subsection does not restrict the Secretary of State's powers to enter into an agreement with, or give financial assistance to, an institution to which subsection (3) or (3A) applies.

  • (3C) “The safeguarding duties” are—
  • (a) a duty to make arrangements to ensure that the proprietor's functions relating to the conduct of the institution are exercised with a view to safeguarding and promoting the welfare of children receiving education or training at the institution, and
  • (b) a duty to have regard to any guidance given from time to time by the Secretary of State in considering what arrangements are required.
  • (4) A person mentioned in any of subsections (1) to (3A) shall, in considering what arrangements are required to be made by them under that subsection, have regard to any guidance given from time to time (in relation to England) by the Secretary of State or (in relation to Wales) by the National Assembly for Wales.
  • (5) In this section—
  • “child” means a person under the age of eighteen;
  • “governing body”, in relation to an institution within the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992 (c. 13);
  • “maintained school” means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school.
  • “proprietor”, in relation to an institution that is not a school, means the person or body of persons responsible for the management of the institution.

Consultation with pupils

176

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Education and training outside schools

Meaning of “secondary education”

177
  • (1) Section 2 of the Education Act 1996 (c. 56) (definition of primary, secondary and further education) is amended as follows.
  • (2) In subsection (2B) (which extends “secondary education” to include education received partly at a school and partly at another institution)—
  • (a) in paragraph (b), after “another institution” there is inserted “ or any other establishment ”, and
  • (b) after “other institution” there is inserted “ or establishment ”.
  • (3) After subsection (6) there is inserted—

(6A) In the context of the definitions of secondary education and further education, references in this section to education include vocational, social, physical and recreational training.

  • (4) The Education Acts shall have effect in their application to persons receiving secondary education within section 2(2B) of the Education Act 1996 (c. 56) with such modifications as may be specified in an order under this subsection.
  • (5) The power to make an order under subsection (4) is exercisable—
  • (a) in relation to England, by the Secretary of State, and
  • (b) in relation to Wales, by the National Assembly for Wales.

Training and education provided in the workplace for 14 to 16 year olds

178
  • (1) The Learning and Skills Act 2000 (c. 21) is amended as follows.
  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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