Legalize / United Kingdom / Public General Act

Education and Inspections Act 2006

Type Public General Act

Publication 2006-11-08

Last updated 2024-11-27

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(97A) (1) A local authority in England may, in relation to a child looked after by them, give a direction under this section to the admission authority for any school in England other than a school for which the local authority are the admission authority. (2) A direction under this section shall not specify a school from which the child is permanently excluded. (3) Where a school is specified in a direction under this section, the admission authority shall admit the child to the school. (4) Subsection (3) does not affect any power to exclude from a school a pupil who is already a registered pupil there. (97B) (1) Before deciding to give a direction under section 97A, the local authority shall consult the admission authority for the school they propose to specify in the direction. (2) The admission authority for the school shall, within the period of seven days beginning with the day on which they are consulted as mentioned in subsection (1), inform the local authority whether they are willing to admit the child to the school without being directed to do so by the authority. (3) Where the local authority decide to give a direction under section 97A specifying a school— (a) they shall, before doing so, serve a notice in writing of their decision on— (i) the admission authority for the school, (ii) if the school is a community or voluntary controlled school and the governing body of the school are not the admission authority, the governing body of the school, (iii) if the school is maintained by a local authority who are not the authority proposing to give the direction and are not the admission authority, the local authority who maintain the school, and (iv) the head teacher of the school, and (b) they shall not give the direction until the period for referring the matter to the adjudicator under subsection (4) has expired and, if it is so referred, until the adjudicator has made such determinations under this section as it appears to him to be appropriate to make in connection with the reference. (4) The following persons— (a) the admission authority on whom a notice is served under subsection (3)(a)(i), and (b) in the case of a notice relating to a child to whom (at the time of service of the notice) section 87(2) applies, the governing body of a community or voluntary controlled school on whom the notice is served under subsection (3)(a)(ii), may, within the period of seven days beginning with the day on which the notice was served, refer the matter to the adjudicator and, if they do so, shall inform the local authority. (5) A reference under subsection (4) may only be made on the ground that the admission of the child to the school would seriously prejudice the provision of efficient education or the efficient use of resources. (6) If the adjudicator determines that the admission of the child to the school would have the effect mentioned in subsection (5)— (a) the local authority may not give a direction under section 97A that the school admit the child, but (b) the adjudicator may determine that another school in England is to be required to admit the child. (7) A determination under subsection (6)(b) may only be made with the agreement of the local authority who look after the child. (8) A determination under subsection (6)(b) may not be made if— (a) the child is permanently excluded from the other school, or (b) the admission of the child to the other school would seriously prejudice the provision of efficient education or the efficient use of resources. (9) If the adjudicator determines under subsection (6)(b) that another school is to be required to admit the child, then— (a) if the local authority referred to in subsection (1) are the admission authority for that school they shall— (i) admit the child to the school, and (ii) give notice in writing to the governing body and head teacher of the school of the adjudicator's decision, and (b) in any other case, the local authority shall specify that school in their direction under section 97A. (10) A direction under section 97A shall be given by notice in writing and a copy of the notice shall be given by the local authority to the head teacher of the school.

(2) In section 84 of SSFA 1998, after subsection (6) (which defines terms used in Chapter 1 of Part 3 of that Act) insert—

(7) In this Chapter, references to a child who is looked after by a local authority are to be read in accordance with section 22(1) of the Children Act 1989.

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

(4) In section 143 of SSFA 1998 (index) after the entry relating to “child (in Chapter 1 of Part 3 but not in sections 96 and 97)” insert—

child looked after by a local authority (in Chapter 1 of Part 3)	section 84(7).

Directions to admit child to specified school: supplementary provisions

51

(1) In section 94 of SSFA 1998 (appeal arrangements: general), in subsection (1)(a) after “section 96” insert “ or 97A ”.

(2) In section 96 of SSFA 1998 (direction to admit child to specified school)—

(a) in subsection (3) for “the Secretary of State” substitute “ the appropriate authority (within the meaning of section 97) ”, and

(b) in subsection (8) for “section 97” substitute “ sections 97 to 97C ”.

(3) After section 97B of SSFA 1998 (inserted by section 50) insert—

(97C) Regulations may make provision in relation to England— (a) requiring the adjudicator to consult prescribed persons or persons of a prescribed description before making any determination in connection with a reference under section 97 or 97B; (b) requiring an admission authority for a school to provide information which— (i) falls within a prescribed description, and (ii) is requested by the adjudicator for the purposes of any such determination.

Power of Assembly to make regulations about looked after children

52

(1) After section 97C of SSFA 1998 (inserted by section 51) insert—

(97D) (1) The Assembly may by regulations make provision about the admission of children looked after by local authorities in Wales (“looked after children”) to maintained schools in Wales. (2) Regulations under subsection (1) may include provision requiring the admission authorities for such schools— (a) to include in their admission arrangements such provision relating to the admission of looked after children as may be prescribed, which may in particular include provision for securing that, subject to prescribed exceptions, such children are to be offered admission in preference to other children; (b) to admit looked after children in prescribed circumstances, subject to prescribed exceptions. (3) Regulations under subsection (1) may provide that any of the preceding provisions of this Chapter— (a) shall not apply in relation to looked after children; (b) shall apply in relation to such children with prescribed modifications.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Schools with pre-1998 arrangements for selection by ability or aptitude

53

(1) Section 100 of SSFA 1998 (permitted selection: pre-existing arrangements) is amended as follows.

(2) In subsection (1) for the words from “so long as” to the end of the subsection substitute

so long as— (a) the proportion of selective admissions in any relevant age group does not exceed the permitted proportion (as defined by subsection (1A)), and (b) there is no significant change in the basis of selection.

(3) After subsection (1) insert—

(1A) In subsection (1)(a), “the permitted proportion”, in relation to any relevant age group, means the lowest proportion of selective admissions provided for by the school's admission arrangements at any time since the beginning of the 1997-1998 school year.

Pupil banding

54

(1) In section 101 of SSFA 1998 (permitted selection: pupil banding)—

(a) in subsection (1)—

(i) for “subsections (2) to (4)” substitute “ subsections (2) and (2A) ”, and

(ii) after “a maintained school” insert “ in England or Wales ”,

(b) after subsection (1) insert—

(1A) Subject to subsections (2) and (2A), the admission authority for a maintained school in England may make provision for selection by ability to the extent that the arrangements are designed to secure— (a) that in any year the pupils admitted to the school in any relevant age group are representative of all levels of ability among such one of the following groups as the admission arrangements may specify (“the reference group”)— (i) children who are applicants for admission in that age group to any of two or more schools (including the school in question) in the area of the local authority, (ii) children in that age group who live in the area of the local authority, or (iii) children in that age group who live in England, and (b) that no level of ability is substantially over-represented or substantially under-represented by comparison with its representation in the reference group.

(d) after subsection (2) insert—

(2A) If the admission authority for a maintained school in England is the local authority, the authority may only introduce such provision for selection by ability as is mentioned in subsection (1) or (1A) with the consent of the governing body of the school.

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) in subsection (4), for the words from the beginning to “any school” substitute “ In the case of a school in Wales, admission arrangements to which subsection (1) applies are not authorised ”, and

(g) in subsection (5), for “subsection (1)” substitute “ subsection (1) or (1A) ”.

(2) In section 102 of SSFA 1998 (permitted selection: aptitude for particular subjects), in subsection (3), for “section 101(1)” substitute “ section 101(1) or (1A) ”.

(3) In section 103 of SSFA 1998 (permitted selection: introduction, variation or abandonment of provision for such selection)—

(a) in subsection (2) for “constitutes a prescribed alteration for the purposes of section 28” substitute

constitutes— (a) in relation to England, a prescribed alteration for the purposes of section 18 of the Education and Inspections Act 2006, and (b) in relation to Wales, a prescribed alteration for the purposes of section 28

, and

(b) in subsection (3) —

(i) for “section 101(1)” substitute “ section 101(1) or (1A) ”, and

(ii) for “the objectives mentioned in section 101(1)(a) and (b)” substitute “ the objectives mentioned in section 101(1)(a) and (b), section 101(1A)(a)(i) and (b), section 101(1A)(a)(ii) and (b) or section 101(1A)(a)(iii) and (b) ”.

Miscellaneous

Right of sixth-form pupils to be excused from attendance at religious worship

55

(1) Section 71 of SSFA 1998 (which, in relation to religious education and attendance at religious worship, makes provision for exceptions and special arrangements, and for special schools) is amended as follows.

(2) For subsection (1) substitute—

(1) If the parent of a pupil at a community, foundation or voluntary school requests that he may be wholly or partly excused from receiving religious education given at the school in accordance with the school's basic curriculum, the pupil shall be so excused until the request is withdrawn. (1A) If the parent of any pupil at a community, foundation or voluntary school other than a sixth-form pupil requests that he may be wholly or partly excused from attendance at religious worship at the school, the pupil shall be so excused until the request is withdrawn. (1B) If a sixth-form pupil requests that he may be wholly or partly excused from attendance at religious worship at a community, foundation or voluntary school, the pupil shall be so excused.

(3) In subsection (2), for “subsection (1)” substitute “ subsections (1) to (1B) ”.

(4) In subsection (3), after “subsection (1)” insert “ or (1A) ”.

(5) In subsection (5), after “voluntary school” insert “ and is not a sixth-form pupil ”.

(6) After subsection (5) insert—

(5A) Where a sixth-form pupil who is a boarder at a community, foundation or voluntary school requests that he be permitted— (a) to receive religious education in accordance with the tenets of a particular religion or religious denomination outside school hours, or (b) to attend worship in accordance with such tenets on Sundays or other days exclusively set apart for religious observance by the religious body to which the pupil belongs, the governing body shall make arrangements for giving the pupil reasonable opportunities for doing so.

(7) In subsection (6), after “subsection (5)” insert “ or (5A) ”.

(8) For subsection (7) substitute—

(7) Regulations shall make provision for ensuring that, so far as practicable, every pupil attending a community or foundation special school— (a) receives religious education unless withdrawn from receiving such education in accordance with the wishes of his parent, and (b) attends religious worship unless withdrawn from attendance at such worship— (i) in the case of a sixth-form pupil, in accordance with his own wishes, and (ii) in any other case, in accordance with the wishes of his parent.

(9) After subsection (7) insert—

(8) In this section “sixth-form pupil” means any pupil who— (a) has ceased to be of compulsory school age, and (b) is receiving education suitable to the requirements of pupils over compulsory school age.

Charges for music tuition

56

(1) In section 451 of EA 1996 (prohibition of charges for provision of education) for subsection (3) substitute—

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

(2) In section 456 of EA 1996 (regulation of permitted charges), in subsection (6), after “tuition in” insert “ singing or in ”.

School funding

57

Schedule 5 contains amendments of Chapter 4 of Part 2 of SSFA 1998 (financing of maintained schools).

Removal of requirement to issue code of practice as to relationships between LEAs and maintained schools in England etc

58

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

Part 4 — Schools causing concern: England

Introduction

Meaning of “maintained school” and “eligible for intervention”

59

(1) In this Part “maintained school” means any of the following schools in England—

(a) a community, foundation or voluntary school,

(b) a community or foundation special school, or

(2) In this Part, references to a school being “eligible for intervention” are to be read in accordance with—

section 60 (performance standards and safety warning notice),

section 60A (teachers' pay and conditions warning notice),

section 60B (coasting schools),

section 61 (school requiring significant improvement), and

section 62 (school requiring special measures).

Schools that are eligible for intervention

Warning notice by local education authority

60

(1) A maintained school is by virtue of this section eligible for intervention if—

(a) a relevant authority have given the governing body a warning notice in accordance with subsection (2),

(b) the period for compliance specified in the notice (“the compliance period”) has expired,

(c) the governing body have failed to comply, or secure compliance, with the notice to the relevant authority's satisfaction by the end of the compliance period, and

(d) the relevant authority have given reasonable notice in writing to the governing body that the authority proposes to exercise the authority's powers under any one or more of sections 63 to 69 (whether or not the notice is combined with a notice under section 62(2A)(c) of SSFA 1998).

(2) A relevant authority may give a warning notice to the governing body of a maintained school where the authority are satisfied—

(a) that the standards of performance of pupils at the school are unacceptably low, and are likely to remain so unless the authority exercise their powers under this Part, or

(b) that there has been a serious breakdown in the way the school is managed or governed which is prejudicing, or likely to prejudice, such standards of performance, or

(3) For the purposes of subsection (2)(a) the standards of performance of pupils at a school are low if they are low by reference to any one or more of the following—

(a) the standards that the pupils might in all the circumstances reasonably be expected to attain,

(b) where relevant, the standards previously attained by them, or

(4) For the purposes of this section a “warning notice” is a notice in writing by the relevant authority setting out—

(a) the matters on which the conclusion mentioned in subsection (2) is based,

(b) the action which they require the governing body to take in order to remedy those matters,

(d) the action which the relevant authority are minded to take (under one or more of sections 63 to 69 or otherwise) if the governing body fail to take the required action.

(4A) If a local authority are notified that the Secretary of State has given a warning notice to the governing body of a maintained school the local authority may not give a warning notice unless or until the Secretary of State informs them that they may.

(4B) If the Secretary of State gives a warning notice to the governing body of a maintained school, any earlier warning notice given to the maintained school by the local authority ceases to have effect from that time.

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

(6) The relevant authority must, at the same time as giving the governing body the warning notice, give a copy of the notice to each of the following persons—

(a) the Chief Inspector,

(b) the head teacher of the school,

(d) in the case of a foundation or voluntary school, the person who appoints the foundation governors.

(6A) If a local authority give a warning notice to the governing body of a maintained school they must, at the same time, give a copy of it to the Secretary of State.

(6B) If the Secretary of State gives a warning notice to the governing body of a maintained school the Secretary of State must, at the same time, give a copy of it to the local authority.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In this section “relevant authority” means—

(a) the local authority, or

(b) the Secretary of State.

School requiring significant improvement

61

A maintained school is by virtue of this section eligible for intervention if—

(a) following an inspection of the school under Chapter 1 of Part 1 of EA 2005, the Chief Inspector has given notice under section 13(3)(a) of that Act in a case falling within section 13(1)(b) of that Act (school requiring significant improvement), and

(b) where any subsequent inspection of the school has been made under Chapter 1 of Part 1 of that Act, the notice has not been superseded by—

(i) the person making the subsequent inspection making a report stating that in his opinion the school no longer requires significant improvement, or

(ii) the Chief Inspector giving the Secretary of State a notice under section 13(3)(a) of that Act in a case falling within section 13(1)(a) of that Act (school requiring special measures).

School requiring special measures

62

A maintained school is by virtue of this section eligible for intervention if—

(a) following an inspection of the school under Chapter 1 of Part 1 of EA 2005, the Chief Inspector has given notice under section 13(3)(a) of that Act in a case falling within section 13(1)(a) of that Act (school requiring special measures), and

(b) where any subsequent inspection of the school has been made under Chapter 1 of Part 1 of that Act, the person making it did not state that in his opinion special measures were not required to be taken in relation to the school.

Intervention by local authority

Power of LEA to require governing body to enter into arrangements

63

(1) If at any time a maintained school is eligible for intervention other than by virtue of section 60A, then (subject to subsection (3)) the local authority may, with a view to improving the performance of the school, give the governing body of the school a notice requiring the governing body—

(a) to enter into a contract or other arrangement with a specified person (who may be the governing body of another school) for the provision to the governing body of specified services of an advisory nature,

(b) to make specified arrangements authorised by section 26 of EA 2002 (collaboration between schools) with the governing body of such other school as may be specified,

(c) to make specified arrangements authorised by regulations under section 166 of this Act (collaboration arrangements: maintained schools and further education bodies) with a further education body within the meaning of that section, or

(d) to take specified steps for the purpose of creating or joining a federation, as defined by section 24(2) of EA 2002.

(2) Before exercising the power conferred by subsection (1), the local authority must consult—

(a) the governing body of the school,

(b) in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and

(c) in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

(3) Where the school is eligible for intervention by virtue of section 60 (school subject to performance standards and safety warning), the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by section 60(1)(b)).

(4) A notice under subsection (1)(a) may require the contract or other arrangement to contain specified terms and conditions.

Power of LEA etc. to appoint additional governors

64

(1) If at any time a maintained school is eligible for intervention, then (subject to subsection (2)) the local authority may appoint such number of additional governors as they think fit.

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Where the school is eligible for intervention by virtue of section 60 (school subject to performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning), the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by section 60(1)(b) or as the case may be section 60A(1)(b)).

(3) In relation to any appointment made by the local authority by virtue of subsection (1) to the governing body of a school, the instrument of government for the school has effect as if (despite anything in regulations under section 19 of EA 2002) it provided for the local authority to appoint such number of additional governors as they think fit.

(4) If at any time—

(a) a voluntary aided school other than one falling within section 61 or 62 is eligible for intervention by virtue of section 60 (school subject to performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning), and

(b) the local authority have exercised their power to appoint additional governors under subsection (1),and

the appropriate appointing authority may appoint such number of additional foundation governors as is equal to the number of additional governors appointed by the authority.

(5) Any additional foundation governors appointed under subsection (4)—

(a) shall cease to hold office at the time when the additional governors appointed by the authority cease to do so; and

(b) shall not be eligible for re-appointment except where, and to the extent that, those governors are re-appointed.

(6) If at any time—

(a) a voluntary aided school is eligible for intervention by virtue of section 61 (school requiring significant improvement) or section 62 (school requiring special measures),

(b) the Secretary of State has not exercised his power under section 67 (power to appoint additional governors) in connection with the same inspection falling within section 61(a) or 62(a),

(d) the appropriate appointing authority have received a notice in writing from the Secretary of State informing them that he has received a notice under section 13(3)(a) of EA 2005 from the Chief Inspector,

the appropriate appointing authority may appoint such number of additional foundation governors as they think fit.

(7) In the case of any appointment made by virtue of subsection (4) or (6) to the governing body of a school, the instrument of government for the school has effect as if (despite anything in regulations under section 19 of EA 2002) the instrument provided for the appropriate appointing authority to appoint such number of additional foundation governors as they are authorised to appoint under subsection (4) or (6) (as the case may be).

(8) Subject to subsection (9), references in this section to the appropriate appointing authority in relation to any voluntary aided school are references—

(a) to the appropriate diocesan authority, if it is a Church of England school or a Roman Catholic Church school; or

(b) in any other case, to the person or persons by whom the foundation governors are appointed.

(9) Where, in the case of any voluntary aided school not falling within subsection (8)(a), there are different powers to appoint foundation governors, references in this section to the appropriate appointing authority are references—

(a) to all those persons who have any such power acting jointly, or

(b) if they are unable to agree, to such of them acting jointly, or such one of them, as the Secretary of State may, after consulting all those persons, determine.

Power of LEA to provide for governing body to consist of interim executive members

65

(1) If at any time a maintained school is eligible for intervention, the local authority may, with the consent of the Secretary of State, give the governing body a notice in writing stating that, as from a date specified in the notice, the governing body are to be constituted in accordance with Schedule 6 (governing bodies consisting of interim executive members).

(2) Before exercising the power conferred by subsection (1), the local authority must consult—

(a) the governing body of the school,

(b) in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and

(c) in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

Power of LEA to suspend right to delegated budget

66

(1) If at any time—

(a) a maintained school is eligible for intervention, and

(b) the school has a delegated budget within the meaning of Part 2 of SSFA 1998,

then (subject to subsection (2)) the local authority may, by giving the governing body of the school notice in writing of the suspension, suspend the governing body's right to a delegated budget with effect from the receipt of the notice by the governing body.

(2) Where the school is eligible for intervention by virtue of section 60 (school subject to performance standards and safety warning) or 60A (school subject to teachers' pay and conditions warning), the power conferred by subsection (1) is only exercisable within the period of two months following the end of the compliance period (as defined by section 60(1)(b) or as the case may be section 60A(1)(b)).

(3) A copy of a notice given under subsection (1) must be given to the head teacher of the school at the same time as the notice is given to the governing body.

(4) A suspension imposed under this section shall have effect for the purposes of Chapter 4 of Part 2 of SSFA 1998 as if made under paragraph 1 of Schedule 15 to that Act.

Intervention by Secretary of State

Power of Secretary of State to appoint additional governors

67

(1) If at any time a maintained school is eligible for intervention ..., the Secretary of State may appoint such number of additional governors as he thinks fit; and he may nominate one of those governors to be the chairman of the governing body in place of any person who has been elected as chairman of that body.

(2) Before making any such appointment, the Secretary of State must consult—

(a) the local authority,

(b) the governing body of the school,

(c) in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and

(d) in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

(3) A governor appointed under this section—

(a) shall hold office as governor for such term, and

(b) if nominated as chairman of the governing body, shall be chairman of that body for such period,

as the Secretary of State may determine.

(4) The Secretary of State may pay to any governor appointed under this section such remuneration and allowances as the Secretary of State may determine.

(5) In relation to any appointment made by the Secretary of State by virtue of subsection (1) to the governing body of a school, the instrument of government for the school shall have effect as if (despite anything in regulations under section 19 of EA 2002) it provided for the Secretary of State to appoint such number of additional governors as he thinks fit.

(6) Where the Secretary of State has exercised his power under this section in relation to a school, then—

(a) in any such case—

(i) the local authority may not exercise their power under section 66(1) or paragraph 1 of Schedule 15 to SSFA 1998 to suspend the governing body's right to a delegated budget, and

(ii) if they have already exercised either of those powers, the Secretary of State must, if requested to do so by the governing body, revoke the suspension; and

(b) in the case of a voluntary aided school, nothing in regulations under section 19 of EA 2002 is to be read as authorising the appointment of foundation governors for the purpose of outnumbering the other governors as augmented by those appointed by the Secretary of State under this section.

(7) The revocation of a suspension under subsection (6)(a)—

(a) must be notified to the local authority in writing, and

(b) takes effect from such date as is specified in that notification.

Power of Secretary of State to direct closure of school

68

(1) If at any time a maintained school is eligible for intervention other than by virtue of section 60A, the Secretary of State may give a direction to the local authority requiring the school to be discontinued on a date specified in the direction.

(2) Before giving a direction under subsection (1), the Secretary of State must consult—

(a) the local authority and the governing body of the school,

(b) in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority,

(c) in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed,

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) such other persons as the Secretary of State considers appropriate.

(3) On giving a direction under subsection (1) the Secretary of State must give notice in writing of the direction to the governing body of the school and its head teacher.

(4) Where the local authority are given a direction under subsection (1), they must discontinue the school in question on the date specified in the direction; and nothing in sections 15 to 17 of this Act or in section 30 of SSFA 1998 applies to their discontinuance of the school under this section.

(5) In this section any reference to the discontinuance of a maintained school is a reference to the local authority ceasing to maintain it.

Power of Secretary of State to provide for governing body to consist of interim executive members

69

(1) If at any time a maintained school is eligible for intervention ... ,the Secretary of State may give the governing body a notice in writing stating that, as from the date specified in the notice, the governing body are to be constituted in accordance with Schedule 6 (governing bodies consisting of interim executive members).

(2) Before exercising the power conferred by subsection (1), the Secretary of State must consult—

(a) the local authority,

(b) the governing body of the school,

(c) in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and

(d) in the case of any other foundation or voluntary school, the person or persons by whom the foundation governors are appointed.

(3) The Secretary of State need not consult the persons mentioned in subsection (2)(b), (c) and (d) if the local authority have consulted them under subsection (2) of section 65 in relation to a proposed notice under subsection (1) of that section.

(4) Subsection (2) does not apply if an Academy order has effect in respect of the school.

Governing bodies consisting of interim executive members: further provisions

Governing bodies consisting of interim executive members

70

Schedule 6 has effect in relation to any school in respect of which a notice has been given—

(a) under section 65(1) by the local authority, or

(b) under section 69(1) by the Secretary of State.

Amendments relating to schools causing concern

71

Schedule 7 contains amendments related to the provisions of this Part.

Supplementary

Duty of LEA to have regard to guidance

72

A local authority must, in exercising their functions under this Part, have regard to any guidance given from time to time by the Secretary of State.

Interpretation of Part 4

73

In this Part—

“appropriate diocesan authority” has the same meaning as in SSFA 1998;

“Chief Inspector” means Her Majesty's Chief Inspector of Education, Children's Services and Skills;

“Church of England school” and “Roman Catholic Church school” have the same meaning as in SSFA 1998;

“eligible for intervention”, in relation to a maintained school, has the meaning given by section 59(2);

“maintained school” has the meaning given by section 59(1).

Part 5 — Curriculum and entitlements

Curriculum requirements for the fourth key stage

74

(1) For section 85 of EA 2002 (curriculum requirements for fourth key stage) substitute—

(85) (1) For the fourth key stage, the National Curriculum for England shall comprise— (a) the core and other foundation subjects, (b) work-related learning, and (c) in relation to any pupil, such other courses of study as are necessary to satisfy the entitlements conferred on him by subsection (5) and section 85A. (2) The National Curriculum for England shall specify programmes of study in relation to each of the core and other foundation subjects for the fourth key stage. (3) The following are the core subjects for the fourth key stage— (a) mathematics, (b) English, and (c) science. (4) The following are the other foundation subjects for the fourth key stage— (a) information and communication technology, (b) physical education, and (c) citizenship. (5) A pupil in the fourth key stage is entitled, if he so elects, to follow a course of study in science which leads to such qualification or set of qualifications as the governing body may choose from among those— (a) approved under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act, and (b) specified by the Secretary of State by order for the purposes of this subsection. (6) In the exercise of their functions under this Part so far as those functions relate by virtue of this section to work-related learning a local authority, governing body or head teacher shall have regard to any guidance issued from time to time by the Secretary of State. (7) In this section “work-related learning” means planned activity designed to use the context of work to develop knowledge, skills and understanding useful in work, including learning through the experience of work, learning about work and working practices and learning the skills for work. (85A) (1) A pupil in the fourth key stage is also entitled to follow a course of study in a subject within each of such one or more of the four entitlement areas specified in subsection (2) as the pupil may choose. (2) The entitlement areas referred to in subsection (1) are— (a) arts, comprising— (i) art and design, (ii) music, (iii) dance, (iv) drama, and (v) media arts, (b) design and technology (comprising only that subject), (c) humanities, comprising— (i) geography, and (ii) history, and (d) modern foreign languages, comprising any modern foreign language specified in an order made by the Secretary of State or, if the order so specifies, any modern foreign language. (3) An order under subsection (2)(d) may— (a) specify circumstances in which a language is not to be treated as falling within subsection (2)(d), and (b) provide for the determination under the order of any question arising as to whether a particular language is a modern foreign language. (4) The entitlement conferred on a pupil by this section is to be taken to be satisfiedif a course of study in a subject within each of the entitlement areas specified in subsection (2) is made available to the pupil by or on behalf of the school at which the pupil is a registered pupil. (5) In the exercise of their functions by virtue of this Part in relation to courses of study falling within subsection (1), a local authority, governing body or head teacher shall have regard to any guidance issued from time to time by the Secretary of State .... (6) In this section “course of study” meansa course of education or training which leads to such qualification as the governing body may choose from among those approved under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act.

(2) In section 86 of EA 2002 (power to alter or remove requirements for fourth key stage)—

(a) in paragraph (a), for “section 85,” substitute “ sections 85 and 85A, ”,

(b) in paragraph (b), for “that section is” substitute “ those sections are ”, and

(2) An order under this section may make such amendments of this Act as appear to the Secretary of State to be necessary or expedient in connection with the provision made by virtue of subsection (1).

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

(4) Until the commencement of subsection (1), section 85 of EA 2002 has effect with the following modifications—

(a) in subsection (1) after “other foundation subjects” insert “ , the entitlement conferred by subsection (3A) ”, and

(b) after subsection (3) insert—

(3A) A pupil in the fourth key stage is entitled, if he so elects, to follow a course of study in science which leads to such qualification or set of qualifications as the governing body may choose from among those— (a) approved under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act, and (b) specified by the Secretary of State by order for the purposes of this subsection.

(5) Any order made (by virtue of subsection (4) of this section) under section 85(3A) of EA 2002 before the commencement of subsection (1) of this section is to have effect from that commencement as if made under subsection (5) of section 85 (as substituted by subsection (1)).

Education and training to satisfy entitlements

75

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

Part 6 — School travel and school food

Travel to schools etc

LEAs in England: duty to promote sustainable modes of travel etc

76

After section 508 of EA 1996 insert—

(508A) (1) A local authority in England must— (a) prepare for each academic year a document containing their strategy to promote the use of sustainable modes of travel to meet the school travel needs of their area (“a sustainable modes of travel strategy”), (b) publish the strategy in such manner and by such time as may be prescribed, and (c) promote the use of sustainable modes of travel to meet the school travel needs of their area. (2) Before preparing a sustainable modes of travel strategy, an authority must in particular— (a) assess the school travel needs of their area, and (b) assess the facilities and services for sustainable modes of travel to, from and within their area. (3) “Sustainable modes of travel” are modes of travel which the authority consider may improve either or both of the following— (a) the physical well-being of those who use them; (b) the environmental well-being of the whole or a part of their area. (4) The “school travel needs” of a local authority's area are— (a) the needs of children and persons of sixth form age in the authority's area as regards travel mentioned in subsection (5), and (b) the needs of other children and persons of sixth form age as regards travel mentioned in subsection (6). (5) The needs of children and persons of sixth form age in the authority's area as regards travel referred to in subsection (4)(a) are their needs as regards travel to and from— (a) schools at which they receive or are to receive education or training, (b) institutions within the further education sector at which they receive or are to receive education or training, or (c) any other places where they receive or are to receive education by virtue of arrangements made in pursuance of section 19(1). (6) The needs of other children and persons of sixth form age as regards travel referred to in subsection (4)(b) are their needs as regards travel to and from— (a) schools at which they receive or are to receive education or training, (b) institutions within the further education sector at which they receive or are to receive education or training, or (c) any other places where they receive or are to receive education by virtue of arrangements made in pursuance of section 19(1), in so far as that travel relates to travel within the authority's area. (7) The Secretary of State must issue, and may from time to time revise, guidance in relation to the discharge by a local authority of their duties under this section. (8) Before issuing or revising guidance under subsection (7), the Secretary of State must consult such persons as he considers appropriate. (9) In discharging their duties under this section an authority must— (a) consult such persons as they consider appropriate, and (b) have regard to any guidance given from time to time by the Secretary of State under subsection (7). (10) References in this section to persons of sixth form age are to be construed in accordance with subsection (1) of section 509AC. (11) In this section, “academic year” has the same meaning as in section 509AC in the case of local authorities in England.

LEAs in England: provision of travel arrangements etc for children

77

(1) After section 508A of EA 1996 (inserted by section 76 above) insert—

(508B) (1) A local authority in England must make, in the case of an eligible child in the authority's area to whom subsection (2) applies, such travel arrangements as they consider necessary in order to secure that suitable home to school travel arrangements, for the purpose of facilitating the child's attendance at the relevant educational establishment in relation to him, are made and provided free of charge in relation to the child. (2) This subsection applies to an eligible child if— (a) no travel arrangements relating to travel in either direction between his home and the relevant educational establishment in relation to him, or in both directions, are provided free of charge in relation to him by any person who is not the authority, or (b) such travel arrangements are provided free of charge in relation to him by any person who is not the authority but those arrangements, taken together with any other such travel arrangements which are so provided, do not provide suitable home to school travel arrangements for the purpose of facilitating his attendance at the relevant educational establishment in relation to him. (3) “Home to school travel arrangements”, in relation to an eligible child, are travel arrangements relating to travel in both directions between the child's home and the relevant educational establishment in question in relation to that child. (4) “Travel arrangements”, in relation to an eligible child, are travel arrangements of any description and include— (a) arrangements for the provision of transport, and (b) any of the following arrangements only if they are made with the consent of a parent of the child— (i) arrangements for the provision of one or more persons to escort the child (whether alone or together with other children) when travelling to or from the relevant educational establishment in relation to the child; (ii) arrangements for the payment of the whole or any part of a person's reasonable travelling expenses; (iii) arrangements for the payment of allowances in respect of the use of particular modes of travel. (5) “Travel arrangements”, in relation to an eligible child, include travel arrangements of any description made by any parent of the child only if those arrangements are made by the parent voluntarily. (6) “Travel arrangements”, in relation to an eligible child, do not comprise or include travel arrangements which give rise to additional costs and do not include appropriate protection against those costs. (7) For the purposes of subsection (6)— (a) travel arrangements give rise to additional costs only if they give rise to any need to incur expenditure in order for the child to take advantage of anything provided for him in pursuance of the arrangements, and (b) travel arrangements include appropriate protection against those costs only if they include provision for any expenditure that needs to be incurred for the purpose mentioned in paragraph (a) in the case of the child to be met by the person by whom the arrangements are made. (8) Travel arrangements are provided free of charge if there is no charge for anything provided in pursuance of the arrangements. (9) Schedule 35B has effect for the purposes of defining “eligible child” for the purposes of this section. (10) References to a “relevant educational establishment”, in relation to an eligible child, are references to— (a) in the case of a child who is an eligible child by virtue of falling within any of paragraphs 2, 4, 6, 9, 11 and 12 of Schedule 35B, the qualifying school (within the meaning of that Schedule) at which the child is a registered pupil referred to in the paragraph in question, and (b) in the case of a child who is an eligible child by virtue of falling within any of paragraphs 3, 5, 7, 10 and 13 of Schedule 35B, the place other than a school, where the child is receiving education by virtue of arrangements made in pursuance of section 19(1), referred to in the paragraph in question. (11) Regulations may modify subsections (1) and (2) to provide for their application in cases where there is more than one relevant educational establishment in relation to a child. (508C) (1) A local authority in England may make such school travel arrangements as they consider necessary, in relation to any child in the authority's area to whom this section applies, for the purpose of facilitating the child's attendance at any relevant educational establishment in relation to the child. (2) This section applies to a child who is not an eligible child for the purposes of section 508B. (3) “School travel arrangements”, in relation to such a child, are travel arrangements relating to travel in either direction between his home and any relevant educational establishment in relation to the child, or in both directions. (4) “Travel arrangements”, in relation to such a child, are travel arrangements of any description and include— (a) arrangements for the provision of transport, and (b) any of the following arrangements only if they are made with the consent of a parent of the child— (i) arrangements for the provision of one or more persons to escort the child (whether alone or together with other children) when travelling to or from any relevant educational establishment in relation to the child; (ii) arrangements for the payment of the whole or any part of a person's reasonable travelling expenses; (iii) arrangements for the payment of allowances in respect of the use of particular modes of travel. (5) A local authority in England may pay, in the case of a child in the authority's area to whom this section applies and in relation to whom no arrangements are made by the authority under subsection (1), the whole or any part, as they think fit, of a person's reasonable travelling expenses in relation to that child's travel in either direction between his home and any relevant educational establishment in relation to the child, or in both directions. (6) References to a “relevant educational establishment”, in relation to a child to whom this section applies, are references to— (a) any school at which he is a registered pupil, (b) any institution within the further education sector at which he is receiving education, or (c) any place other than a school where he is receiving education by virtue of arrangements made in pursuance of section 19(1). (508D) (1) The Secretary of State must issue, and may from time to time revise, guidance in relation to the discharge by a local authority of their functions under sections 508B and 508C. (2) Before issuing or revising guidance under subsection (1), the Secretary of State must consult such persons as he considers appropriate. (3) In discharging their functions under sections 508B and 508C an authority must have regard to any guidance given from time to time by the Secretary of State under subsection (1). (4) Regulations may require a local authority to publish, at such times and in such manner as may be prescribed, such information as may be prescribed with respect to the authority's policy and arrangements relating to the discharge of their functions under section 508B or 508C.

(2) Schedule 8 (which inserts Schedule 35B to EA 1996) has effect.

LEAs in England: school travel schemes

78

(1) After section 508D of EA 1996 (inserted by section 77 above) insert—

(508E) (1) Schedule 35C has effect in relation to school travel schemes. (2) Where a school travel scheme is in force under Schedule 35C, the local authority in England by which the scheme is made must give effect to the scheme by— (a) making the arrangements which are set out in the scheme as described in paragraph 2(1) of that Schedule as arrangements to be made by the authority, (b) complying with the requirement of the scheme described in paragraph 2(5) of that Schedule (requirement to make suitable alternative arrangements), (c) complying with the requirement of the scheme described in paragraph 3 of that Schedule (travel arrangements for eligible children), and (d) complying with the scheme's policy applicable to charging and any other requirements of the scheme. (3) Where a school travel scheme is in force under Schedule 35C, the local authority in England by which the scheme is made do not have any functions under section 508B or 508C in relation to children in their area. (4) The Secretary of State must issue, and may from time to time revise, guidance in relation to the discharge by a local authority in England of any duty under subsection (2) or of any functions under Schedule 35C. (5) Before issuing or revising guidance under subsection (4), the Secretary of State must consult such persons as he considers appropriate. (6) In discharging any duty under subsection (2) and in exercising any functions under Schedule 35C, a local authority in England must have regard to any guidance given from time to time by the Secretary of State under subsection (4).

(2) Schedule 9 (which inserts Schedule 35C to EA 1996) has effect.

Piloting of school travel scheme provisions

79

(1) The school travel scheme provisions are to be piloted in accordance with regulations made by the Secretary of State.

(2) Regulations under subsection (1) may, in particular, provide for there to be a limit on the number of school travel schemes which may be in force while the school travel scheme provisions are being piloted.

(3) In this section, “the school travel scheme provisions” means section 508E of, and Schedule 35C to, EA 1996.

Power to repeal school travel scheme provisions etc

80

(1) The Secretary of State must prepare and publish, before 1st January 2012, an evaluation of the operation and effect of school travel schemes approved under Schedule 35C to EA 1996.

(2) The Secretary of State may by order provide for the school travel scheme provisions to cease to have effect ... from such date as may be specified in the order.

(3) The earliest date which may be specified under subsection (2) is 1st August 2012.

(4) The latest date which may be specified under subsection (2) is 1st August 2015.

(5) Power to make an order under this section includes power to make consequential amendments and repeals in any enactment, including this Act and enactments passed or made after the passing of this Act.

(6) In this section, “the school travel scheme provisions” means section 508E of, and Schedule 35C to, EA 1996.

LEAs in England: provision of transport etc for certain adult learners

81

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

Amendments of section 444 of EA 1996 in relation to school travel

82

(1) Section 444 of EA 1996 (offence of failing to secure regular attendance at school of registered pupil) is amended as follows.

(2) After subsection (3) insert—

(3A) Subsections (3B) and (3D) apply where the child's home is in England. (3B) The child shall not be taken to have failed to attend regularly at the school if the parent proves that— (a) the local authority have a duty to make travel arrangements in relation to the child under section 508B(1) for the purpose of facilitating the child's attendance at the school and have failed to discharge that duty, or (b) the local authority have a duty to make travel arrangements in relation to the child by virtue of subsection (2)(c) of section 508E (school travel schemes) for the purpose of facilitating the child's attendance at the school and have failed to discharge that duty. (3C) For the purposes of subsection (3B)— (a) the reference to “travel arrangements” in paragraph (a) has the same meaning as in section 508B, and (b) the reference to “travel arrangements” in paragraph (b) has the same meaning as in paragraph 3 of Schedule 35C. (3D) Where the school is an independent school which is not a qualifying school, the child shall not be taken to have failed to attend regularly at the school if the parent proves— (a) that the school is not within walking distance of the child's home, (b) that no suitable arrangements have been made by the local authority for boarding accommodation for him at or near the school, and (c) that no suitable arrangements have been made by the local authority for enabling him to become a registered pupil at a qualifying school nearer to his home. (3E) For the purposes of subsection (3D), “qualifying school” has the same meaning as it has for the purposes of Schedule 35B (meaning of “eligible child” for the purposes of section 508B). (3F) Subsection (4) applies where the child's home is in Wales.

(3) In subsection (5) for “subsection (4)” substitute “ subsections (3D) and (4) ”.

(4) In subsection (6) for “subsection (4)” substitute “ subsections (3B), (3D) and (4) ”.

(5) The amendments made by this section do not apply in relation to any failure of a child to attend at a school or other place in relation to which section 444 of EA 1996 applies which occurs on a day before this section comes into force.

Learning and Skills Council for England: transport etc for persons of sixth form age

83

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) In section 509AB of EA 1996 (further provision about transport policy statements)—

(a) in subsection (5), for the words from “by the Secretary” to the end substitute

under this section— (a) by the Learning and Skills Council for England ... (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

(4) In section 18 of the Learning and Skills Act 2000 (c. 21) (supplementary functions of Learning and Skills Council for England), after subsection (5) insert—

(6) The Secretary of State may by order confer or impose on the Council such powers or duties falling within subsection (7) as he thinks fit. (7) A power or duty falls within this subsection if it is exercisable in connection with— (a) the Secretary of State's function under section 509AA(9) of the Education Act 1996 (power to direct local authority to make arrangements additional to those specified in transport policy statement), or (b) any function of the Secretary of State under any of sections 496 to 497B of the Education Act 1996 as regards anything done, proposed to be done or omitted to be done by a local authority in England under section 509AA or 509AB of that Act.

LEAs in England: duty to have regard to religion or belief in exercise of travel functions

84

After section 509AC of EA 1996 insert—

(509AD) (1) A local authority in England must have regard, amongst other things, in exercising any of their travel functions in relation to or in connection with the travel of a person or persons to or from a school, institution or other place, to any wish of a parent of such a person for him to be provided with education or training at a particular school, institution or other place where that wish is based on the parent's religion or belief. (2) The “travel functions” of a local authority in England are their functions under any of the following provisions— - section 508A (duty to promote sustainable modes of travel etc); - section 508B (travel arrangements for eligible children); - section 508C (travel arrangements etc for other children); - section 508E and Schedule 35C (school travel schemes); - section 508F (transport etc for certain adult learners); - section 509AA (transport etc for persons of sixth form age). (3) For the purposes of this section— (a) “religion” means any religion, (b) “belief” means any religious or philosophical belief, (c) a reference to religion includes a reference to lack of religion, and (d) a reference to belief includes a reference to lack of belief.

Further amendments relating to travel to schools etc

85

Schedule 10 contains further amendments relating to travel to schools and other places where education or training is received.

Food and drink provided on school premises etc

Provision of food and drink on school premises etc

86

(1) For section 114 of SSFA 1998 (nutritional standards for school lunches) and the cross-heading preceding it substitute—

(114A) (1) Regulations may prescribe requirements which, subject to such exceptions as may be provided for by or under the regulations, are to be complied with in connection with— (a) food or drink provided on the premises of any school maintained by a local authority, or (b) food or drink provided at a place other than school premises by a local authority or the governing body of a school maintained by such an authority to any registered pupil at the school. (2) Regulations under this section may in particular— (a) specify nutritional standards, or other nutritional requirements, which are to be complied with; (b) require that drinking water is to be available, free of charge, on the premises of any school maintained by a local authority; (c) require that specified descriptions of food or drink are not to be provided. (3) Requirements prescribed by virtue of subsection (1)(a) do not apply to food or drink brought on to the premises of a school maintained by a local authority where the food or drink is brought on to those premises by any person for his own consumption. (4) Where a local authority or the governing body of a school maintained by such an authority provide food or drink— (a) to anyone on the premises of the school, or (b) to any registered pupil at the school at a place other than school premises, that authority or, as the case may be, that governing body must secure that any applicable provisions of the regulations are complied with. (5) Subsection (4) applies whether the food or drink is provided in pursuance of any statutory requirement or otherwise. (6) Where— (a) food or drink is provided on the premises of a school maintained by a local authority, (b) the provision is by a person (“X”) other than the authority or the governing body of the school, and (c) X uses or occupies the whole or a part of the premises in circumstances related to a use or occupation agreement made (whether by X or any other person) with the authority or the governing body, that authority or, as the case may be, that governing body must secure that any applicable provisions of the regulations are complied with. (7) A “use or occupation agreement”, in relation to the premises of a school, is an agreement or other arrangement relating to the use or occupation of the whole or any part of the premises. (8) Without prejudice to the generality of section 138(7), regulations under this section may prescribe— (a) different requirements in relation to different classes or descriptions of school as specified in the regulations; (b) different requirements in connection with food or drink provided by or to different classes or descriptions of person as specified in the regulations; (c) requirements which apply during different periods of the day as specified in the regulations. (9) A “place other than school premises” means a place other than the premises of any school maintained by a local authority. (10) References in this section to food or drink provided by a local authority or the governing body of a school include references to food or drink provided in pursuance of an agreement or other arrangement made by such an authority or body for the provision of food or drink.

(2) In section 512(4) of EA 1996 ( local authority functions concerning provision of meals), for “section 114(2) of the School Standards and Framework Act 1998 (lunches provided by local authorities to meet nutritional standards)” substitute “ section 114A(4) of the School Standards and Framework Act 1998 (requirements for food and drink provided on school premises etc) ”.

(3) Any regulations made under section 114 of SSFA 1998 which have effect immediately before the commencement of this section have effect after that commencement as if made under section 114A of that Act (as substituted by subsection (1)).

Power to charge for provision of meals etc

87

(1) In section 512ZA of EA 1996 (duty of local authority to charge for meals etc)—

(a) in subsection (1), for “shall” substitute “ may ”,

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

(2) In section 533 of EA 1996 (duties of governing bodies with respect to provision of school meals etc)—

(a) in subsection (3), for the words from “shall” to the end substitute “ may charge for anything so provided. ”,

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

Part 7 — Discipline, behaviour and exclusion

Chapter 1 — School Discipline

Certain schools required to have behaviour policy

Responsibility of governing body for discipline

88

(1) The governing body of a relevant school must ensure that policies designed to promote good behaviour and discipline on the part of its pupils are pursued at the school.

(2) In particular, the governing body—

(a) must make, and from time to time review, a written statement of general principles to which the head teacher is to have regard in determining any measures under section 89(1), and

(b) where they consider it desirable that any particular measures should be so determined by the head teacher or that he should have regard to any particular matters—

(i) shall notify him of those measures or matters, and

(ii) may give him such guidance as they consider appropriate.

(3) Before making or revising the statement required by subsection (2)(a) the governing body must consult (in such manner as appears to them to be appropriate)—

(a) the head teacher,

(b) such other persons who work at the school (whether or not for payment) as it appears to the governing body to be appropriate to consult,

(d) registered pupils at the school.

(4) In exercising their functions under subsection (2) the governing body must have regard to any guidance given from time to time—

(a) in relation to England, by the Secretary of State, and

(b) in relation to Wales, by the Assembly.

(5) In this section and section 89—

“relevant school” means—a community, foundation or voluntary school,a community or foundation special school,a maintained nursery school,a pupil referral unit, ora school approved by the Secretary of State ...under section 342 of EA 1996 (approval of non-maintained special schools);

“governing body”, in relation to a school approved by the Secretary of State ...under section 342 of EA 1996, means the proprietor of the school.

Determination by head teacher of behaviour policy

89

(1) The head teacher of a relevant school must determine measures to be taken with a view to—

(a) promoting, among pupils, self-discipline and proper regard for authority,

(b) encouraging good behaviour and respect for others on the part of pupils and, in particular, preventing all forms of bullying among pupils,

(d) securing that pupils complete any tasks reasonably assigned to them in connection with their education, and

(e) otherwise regulating the conduct of pupils.

(2) The head teacher of a relevant school in England must in determining such measures—

(a) act in accordance with the current statement made by the governing body under section 88(2)(a), and

(b) have regard to any notification or guidance given to him under section 88(2)(b).

(2A) The head teacher of a relevant school in Wales must in determining such measures—

(a) act in accordance with the current statement made by the governing body under section 88(2)(a),

(b) have regard to any notification or guidance given to him under section 88(2)(b), and

(c) require pupils at the school to comply with the travel behaviour code made by the Welsh Ministers under section 12 of the Learner Travel (Wales) Measure 2008.

(3) In relation to a relevant school in England, the standard of behaviour which is to be regarded as acceptable must be determined by the head teacher, so far as it is not determined by the governing body.

(3A) In relation to a relevant school in Wales, the standard of behaviour which is to be regarded as acceptable must be determined by the head teacher, so far as it is not determined by—

(a) the governing body, or

(b) the Welsh Ministers.

(4) The measures which the head teacher determines under subsection (1) must include the making of rules and provision for disciplinary penalties (as defined by section 90).

(4A) In relation to a school in England, rules made under subsection (4) must identify the items for which a search may be made.

(5) The measures which the head teacher of a relevant school in England determines under subsection (1) may, to such extent as is reasonable, include measures to be taken with a view to regulating the conduct of pupils at a time when they are not on the premises of the school and are not under the lawful control or charge of a member of the staff of the school.

(5A) The measures which the head teacher of a relevant school in Wales determines under subsection (1) may, to such extent as is reasonable and not required by subsection (2A)(c), include measures to be taken with a view to regulating the conduct of pupils at a time when they are not on the premises of the school and are not under the lawful control or charge of a member of the staff of the school.

(6) The measures determined by the head teacher under subsection (1) must be publicised by him in the form of a written document as follows—

(a) he must make the measures generally known within the school and to parents of registered pupils at the school, and

(b) he must in particular, at least once in every school year, take steps to bring them to the attention of all such pupils and parents and all persons who work at the school (whether or not for payment).

Enforcement of discipline (including compliance with instructions)

Meaning of “disciplinary penalty”

90

(1) In this Chapter, “disciplinary penalty” means a penalty imposed on a pupil, by any school at which education is provided for him, where his conduct falls below the standard which could reasonably be expected of him (whether because he fails to follow a rule in force at any such school or an instruction given to him by a member of its staff or for any other reason).

(2) In subsection (1), the reference to conduct, in relation to a pupil, includes—

(a) conduct which occurs at a time when the pupil is not on the premises of a school and is not under the lawful control or charge of a member of the staff of a school, but only to the extent that it is reasonable for the school imposing the penalty to regulate the pupil's conduct at such a time, and

(b) conduct which consists of a failure by the pupil to comply with a penalty previously imposed on him.

Enforcement of disciplinary penalties: general

91

(1) This section applies in relation to a disciplinary penalty imposed on a pupil by any school at which education is provided for him, other than a penalty which consists of exclusion.

(2) The imposition of the disciplinary penalty is lawful if the following three conditions are satisfied.

(3) The first condition is that the imposition of the penalty on the pupil—

(a) is not in breach of any statutory requirement or prohibition, and

(b) is reasonable in all the circumstances.

(4) The second condition is that the decision to impose the penalty on the pupil was made—

(a) by any paid member of the staff of the school, except in circumstances where the head teacher has determined that the member of staff is not permitted to impose the penalty on the pupil, or

(b) by any other member of the staff of the school, in circumstances where the head teacher has authorised the member of the staff to impose the penalty on the pupil and it was reasonable for the head teacher to do so.

(5) The third condition is that the decision to impose the penalty was made, and any action taken on behalf of the school to implement the decision was taken—

(a) on the premises of the school, or

(b) elsewhere at a time when the pupil was under the lawful control or charge of a member of staff of the school.

(6) In determining for the purposes of subsection (3)(b) whether the imposition of the penalty is reasonable, the following matters must be taken into account—

(a) whether the imposition of the penalty constitutes a proportionate punishment in the circumstances of the case, and

(b) any special circumstances relevant to its imposition on the pupil which are known to the person imposing it (or of which he ought reasonably to be aware) including in particular—

(i) the pupil's age,

(ii) any special educational needs he may have,

(iii) any disability he may have, and

(iv) any religious requirements affecting him.

(7) For the purposes of subsection (6)(b)(iii) a pupil has a disability if he has a disability for the purposes of the Equality Act 2010.

(8) A determination or authorisation by the head teacher for the purpose of subsection (4)(a) or (b) may be made—

(a) in relation to a particular member of staff or members of staff of a particular description;

(b) in relation to a particular disciplinary penalty or disciplinary penalties of a particular description;

(9) Where the disciplinary penalty is detention outside school sessions, this section has effect subject to section 92.

(10) Nothing in this section authorises anything to be done in relation to a pupil which constitutes the giving of corporal punishment within the meaning of section 548 of EA 1996.

(11) This section is not to be construed as restricting what may lawfully be done apart from this section.

(12) In this section, “paid member of the staff”, in relation to a school, means any member of the staff who works at the school for payment, whether under a contract of employment or a contract for services; and, for this purpose, it is immaterial whether the contract of employment or contract for services is made with the governing body or proprietor of the school or with any other person.

Enforcement of disciplinary penalties: detention outside school sessions

92

(1) This section applies in relation to a disciplinary penalty which consists of the detention of a pupil outside school sessions.

(2) In relation to a disciplinary penalty to which this section applies, subsection (2) of section 91 has effect as if it required the following additional conditions to be satisfied, as well as the conditions set out in subsections (3) to (5) of that section.

(3) The additional conditions are—

(a) that the pupil has not attained the age of 18,

(b) that the head teacher of the school has previously determined, and has made generally known within the school and to parents of registered pupils at the school, that the detention of pupils outside school sessions is one of the measures that may be taken with a view to regulating the conduct of pupils,

(d) that , in relation to a pupil at a school in Wales, the pupil's parent has been given at least 24 hours' notice in writing that the detention is due to take place.

(4) The additional conditions set out in subsection (3)(a), (c) and (d) do not apply in the case of a detention during a break between school sessions on the same day.

(5) If arrangements have to be made for the pupil to travel to school for the purposes of the detention or to travel home after the detention, then in determining for the purposes of the condition in subsection (3) of section 91 whether the imposition of the detention is reasonable, subsection (6) of that section is to be read as if it also required the question whether suitable travelling arrangements can reasonably be made by his parent to be taken into account.

(6) Section 572 of EA 1996, which provides for the methods by which notices may be served under that Act, does not preclude a notice under subsection (3)(d) from being given to the parent by any effective method.

(7) This section is not to be construed as restricting what may lawfully be done apart from this section.

(8) In this section, “permitted day of detention”, in relation to a pupil, means any of the following days—

(a) a school day, other than a day on which the pupil has leave to be absent, and for this purpose “leave” means leave granted by a person authorised to do so by the governing body or proprietor of the school;

(b) a Saturday or Sunday during a school term, other than a Saturday or Sunday which falls during, or at a weekend immediately preceding or immediately following, a half-term break;

(c) a day (whether or not during a school term) which is set aside wholly or mainly for the performance of duties by members of the staff of the school other than teaching, other than such a day which is excluded by regulations made—

(i) in relation to England, by the Secretary of State, and

(ii) in relation to Wales, by the Assembly.

Use of reasonable force

Power of members of staff to use force

93

(1) A person to whom this section applies may use such force as is reasonable in the circumstances for the purpose of preventing a pupil from doing (or continuing to do) any of the following, namely—

(a) committing any offence,

(b) causing personal injury to, or damage to the property of, any person (including the pupil himself), or

(c) prejudicing the maintenance of good order and discipline at the school or among any pupils receiving education at the school, whether during a teaching session or otherwise.

(2) This section applies to a person who is, in relation to a pupil, a member of the staff of any school at which education is provided for the pupil.

(3) The power conferred by subsection (1) may be exercised only where—

(a) the member of the staff and the pupil are on the premises of the school in question, or

(b) they are elsewhere and the member of the staff has lawful control or charge of the pupil concerned.

(4) Subsection (1) does not authorise anything to be done in relation to a pupil which constitutes the giving of corporal punishment within the meaning of section 548 of EA 1996.

(5) The powers conferred by subsection (1) are in addition to any powers exercisable apart from this section and are not to be construed as restricting what may lawfully be done apart from this section.

(6) In this section, “offence” includes anything that would be an offence but for the operation of any presumption that a person under a particular age is incapable of committing an offence.

Confiscation from pupils

Defence where confiscation lawful

94

(1) This section applies where, as a disciplinary penalty—

(a) an item which a pupil has with him or in his possessions is seized, and

(b) the item is retained for any period or is disposed of.

(2) A person who seizes, retains or disposes of the item is not liable in any proceedings in respect of—

(a) the seizure, retention or disposal (as the case may be), or

(b) any damage or loss which arises in consequence of it,

if he proves that the seizure, retention or disposal (as the case may be) was lawful (whether or not by virtue of section 91).

(3) Nothing in this section applies where an item is seized under section 550ZC or 550AA of EA 1996 (provision as to what is to be done with such an item being made by that section).

(4) This section is not to be construed as preventing any person relying on any defence on which he is entitled to rely apart from this section.

Interpretation of Chapter 1

95

In this Chapter—

“disciplinary penalty” has the meaning given by section 90;

“member of the staff”, in relation to a school, means—any teacher who works at the school, andany other person who, with the authority of the head teacher, has lawful control or charge of pupils for whom education is being provided at the school;

“possessions”, in relation to a pupil, includes any goods over which he appears to have control.

Repeals

Repeals consequential on provisions of Chapter 1

96

The following provisions (which are superseded by sections 88 to 93) cease to have effect—

(a) sections 550A and 550B of EA 1996;

(b) section 61 of SSFA 1998.

Chapter 2 — Parental responsibilities and excluded pupils

Parenting contracts and parenting orders

Parenting contracts

97

(1) Section 19 of the Anti-social Behaviour Act 2003 (c. 38) (parenting contracts in cases of exclusion from school or truancy) is amended as follows.

(2) After subsection (1) insert—

(1A) This section also applies where a local authority or the governing body of a relevant school have reason to believe that a child who is a registered pupil at a relevant school has engaged in behaviour connected with the school which— (a) has caused, or is likely to cause— (i) significant disruption to the education of other pupils, or (ii) significant detriment to the welfare of the child himself or of other pupils or to the health or safety of any staff, or (b) forms part of a pattern of behaviour which (if continued) will give rise to a risk of future exclusion from the school on disciplinary grounds. (1B) For the purposes of subsection (1A) the child's behaviour is connected with the school to the extent that it consists of— (a) conduct at the school, or (b) conduct elsewhere in circumstances in which it would be reasonable for the school to regulate his conduct.

(3) In subsection (6), after “subsection (1)” insert “ or (1A) ”.

(4) In the heading to the section, and in the italic cross-heading immediately before the section, for “exclusion from” substitute “ misbehaviour at ”.

Parenting orders in case of exclusion or misbehaviour

98

(1) Section 20 of the Anti-social Behaviour Act 2003 (parenting orders in case of exclusion from school) is amended as follows.

(2) In subsection (1), for “This section” substitute “ Subsection (2) ”.

(3) In subsection (2), for “A local authority” substitute “ A relevant body ”.

(4) After subsection (2) insert—

(2A) A relevant body may also apply to a magistrates' court for a parenting order in respect of a pupil at a relevant school if— (a) it appears to the body making the application that the pupil has engaged in behaviour which would warrant the exclusion of the pupil from the school on disciplinary grounds for a fixed period or permanently, and (b) such conditions as may be prescribed in regulations made by the appropriate person are satisfied. (2B) For the purposes of subsection (2A), there are to be disregarded— (a) any practice restricting the use of exclusion at a particular school, or at schools of a particular description, and (b) any grounds that might exist for not excluding the pupil, to the extent that those grounds relate to his education or welfare after exclusion.

(5) For subsection (3) substitute—

(3) If an application is made under subsection (2) or (2A), the court may make a parenting order in respect of a pupil if it is satisfied— (a) in the case of an application under subsection (2A), that the pupil has engaged in behaviour of the kind mentioned in that subsection, and (b) in any case, that the making of the order would be desirable in the interests of improving the behaviour of the pupil.

(6) After subsection (8) insert—

(9) In this section “a relevant body” means— (a) a local authority, (b) the governing body of any relevant school in England at which the pupil to whom the application relates is a pupil or from which he has been excluded.

(7) In the heading, after “exclusion” insert “ or potential exclusion ”.

Parenting contracts and parenting orders: further provisions

99

(1) The Anti-social Behaviour Act 2003 (c. 38) is amended as follows.

(2) In section 21 (parenting orders: supplemental)—

(a) in subsection (1)(a), after “subsection (1)” insert “ or (1A) ”,

(b) after subsection (1) insert—

(1A) In deciding whether to make a parenting order under section 20, a court must also take into account any failure by the parent without reasonable excuse to attend a reintegration interview under section 102 of the Education and Inspections Act 2006 (reintegration interview in case of fixed period exclusion) when requested to do so in accordance with regulations under that section.

(d) in subsection (5), after “authorities,” insert “ governing bodies ”.

(3) After section 22 insert—

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