Education Act 1996

School terms, holidays and sessions

147Responsibility for determining dates of terms and holidays and times of sessions

(1)In the case of a county, controlled or maintained special school—

(a)the articles of government shall require the local education authority to determine the dates when the school terms and holidays are to begin and end; and

(b)the governing body shall determine the times of the school sessions.

(2)In the case of an aided or a special agreement school the articles of government shall require the governing body to determine—

(a)the dates and times when the school terms and holidays are to begin and end, and

(b)the times of the school sessions.

(3)In this section and section 148 “the times of the school sessions” means the times at which each of the school sessions (or, if there is only one, the school session) is to begin and end on any day.

148Procedure for changing times of sessions at a county, controlled or maintained special school

(1)Where the governing body of a county, controlled or maintained special school propose to make any change in the times of the school sessions, they shall—

(a)before taking any of the actions mentioned in paragraphs (b) to (h), consult the local education authority and the head teacher;

(b)prepare a statement—

(i)indicating that they propose to make a change in those times,

(ii)specifying the proposed change and when they propose that it should take effect,

(iii)drawing attention to any comment on the proposal included as an annex to the statement by virtue of paragraph (c) and including such response to the comment as they may consider appropriate, and

(iv)giving details of the date, time and place of the meeting which they are required to hold by virtue of paragraph (f);

(c)if so required by the local education authority, include as an annex to that statement such written comment on the proposal as the authority may provide for that purpose;

(d)produce that statement and any annex in such language or languages (in addition to English), if any, as they consider appropriate or as the local education authority may direct;

(e)take such steps as are reasonably practicable to secure—

(i)that the parents of all registered pupils at the school are given (free of charge) a copy of the statement and any annex not less than two weeks before the meeting which the governing body are required to hold by virtue of paragraph (f), and

(ii)that copies of the statement and any annex are available for inspection (at all reasonable times and free of charge) at the school during the two-week period immediately preceding that meeting;

(f)provide an opportunity for discussion of the proposal at a meeting which is open to —

(i)all parents of registered pupils at the school,

(ii)the head teacher, and

(iii)such other persons as the governing body may invite;

(g)consider any comments made at the meeting on the proposal before determining whether any change in those times should be made and (if so) whether the proposal should be implemented with or without any modification; and

(h)not less than three months before any change in those times is to take effect—

(i)inform the local education authority of the change and of when it is to take effect, and

(ii)take such steps as are reasonably practicable to secure that the parents of all registered pupils at the school are so informed.

(2)No change in the times of a school session shall be made under this section so as to take effect otherwise than at the beginning of a school year.

(3)The proceedings at any meeting required to be held by virtue of subsection (1)(f) shall be under the control of the governing body.

(4)Any question whether any person is to be treated for the purposes of this section as the parent of a registered pupil at the school shall be determined by the local education authority.

(5)Section 147(3) applies for the purposes of this section.