Education Act 1996

Chapter VIU.K. General

Documents and evidenceE+W

563 Educational records.E+W

(1)Regulations may make provision as to—

(a)the keeping, disclosure and transfer of educational records about persons receiving education at schools to which this section applies; and

(b)the supply of copies of such records to such persons, and in such circumstances, as may be determined by or under the regulations.

(2)The regulations may authorise persons who supply copies of such records in pursuance of the regulations to charge such fee as they think fit (not exceeding the cost of supply) in respect of each copy so supplied.

(3)The schools to which this section applies are—

(a)any school maintained by a [F1local authority] ; [F2and]

F3(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)any special school not maintained by a [F1local authority].

564 Certificates of birth and registrars’ returns.E+W

(1)Where the age of any person is required to be proved for the purposes of this Act or of any enactment relating to the employment of children or young persons, the registrar having the custody of the register of birth and deaths containing the entry relating to the birth of that person shall—

(a)on being presented by any person (“the applicant”) with a written requisition in such form and containing such particulars as may be determined by regulations, and

[F4(b)on payment of the appropriate fee,]

supply the applicant with a copy of the entry certified under his hand.

(2)A registrar shall, on being requested so to do, supply free of charge a form of requisition for the purposes of subsection (1).

(3)A registrar shall supply to a [F1local authority] such particulars of the entries contained in any register of births and deaths in his custody, and in such form, as (subject to regulations) the authority may from time to time require [F5for the purpose of the exercise of their education functions].

(4)In this section—

• [F6“the appropriate fee” means the fee payable to the registrar having custody of the register concerned for a certified copy of an entry in the register by virtue of section 38A of the Births and Deaths Registration Act 1953;]

• “register of births and deaths” means a register of births and deaths kept under [F7that Act], and

• “registrar” includes a registrar of births and deaths and a superintendent registrar.

565 Evidence: presumption as to age.E+W

(1)Where in any proceedings under this Act the person by whom the proceedings are brought—

(a)alleges that any person whose age is material to the proceedings is under, of, or over, any age, and

(b)satisfies the court that, having used all reasonable diligence to obtain evidence as to the age of that person, he has been unable to do so,

the court may, unless the contrary is proved, presume that person to be under, of, or (as the case may be) over, the age alleged.

(2)This section has effect subject to section 445(3).

566 Evidence: documents.E+W

(1)In any legal proceedings, any of the following documents, namely—

(a)a document purporting to be a document issued by a [F8local authority in connection with the exercise of their education functions], and to be signed by the clerk of that authority or by the [F9director of children’s services (in the case of an authority in England) or the chief education officer (in the case of an authority in Wales)] or by any other officer of the authority authorised to sign it,

(b)a document purporting to be an extract from the minutes of the proceedings of the governing body of [F10a maintained school], and to be signed by the chairman of the governing body or by their clerk,

(c)a document purporting to be a certificate giving particulars of the attendance of a child or young person at a school, and to be signed by the head teacher of the school, and

(d)a document purporting to be a certificate issued by a medical officer of a [F1local authority], and to be signed by such an officer,

shall be received in evidence and shall be treated, without further proof, as the document which it purports to be and as having been signed by the person by whom it purports to have been signed, unless the contrary is proved.

(2)In any legal proceedings, any such extract or certificate as is mentioned in subsection (1)(b), (c) or (d) shall be evidence of the matters stated in it.

[F11(3)Where a child of compulsory school age is required to attend at—

(a)any place at which education is provided for him in the circumstances mentioned in subsection (1) [F12or (1A)] of section 444ZA, or

(b)any place in the circumstances mentioned in subsection [F13(1B) or] (2) of that section,

subsection (1)(c) has effect as if the place in question were a school and the person in charge of the provision of education or training at that place were its head teacher (and subsection (2) has effect accordingly).]

Stamp dutyE+W

F14567. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Orders, regulations and directionsE+W+S

568 Orders.E+W

(1)Any power of the Secretary of State to make orders under this Act (other than an order under any of the excepted provisions) shall be exercised by statutory instrument.

F15[(2)For the purposes of subsection (1) “the excepted provisions” are—

• section 349;

• F16...

• section 489(3);

• section 497; and

• section 545.]

(3)A statutory instrument containing any order made by the Secretary of State under this Act, other than F17... an order under—

• [F18section 354(6), 355(2)(a), 356(2)(c) or 401,]

• F19. . .

• section 554,

• section 583(3) or (4), or

• Schedule 40,

shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F20(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)[F21No order shall be made under section 354(6), 355(2)(a) or 401 unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.]

(5)Any order made—

(a)by the Secretary of State under this Act by statutory instrument, F22. . .

F22(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit.

(6)Without prejudice to the generality of subsection (5), an order made by the Secretary of State under this Act by statutory instrument may make in relation to Wales provision different from that made in relation to England.

569 Regulations.E+W+S

(1)Any power of the Secretary of State [F23or the Welsh Ministers] to make regulations under this Act shall be exercised by statutory instrument.

(2)A statutory instrument containing regulations under this Act [F24made by the Secretary of State], [F25other than one falling within subsection (2A),] F26... , shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F27(2A)A statutory instrument which contains (whether alone or with other provision) regulations under section [F28550ZA(3)(f) or 550ZC(7)] may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.]

[F29(2B)A statutory instrument containing regulations under sections [F3029(6A),] 332ZC, 332AA, 332BA, 332BB [F31, 336, [F32397,] 444A ] [F33, 444B or (unless subsection (2BA) applies) Chapter 5A] [F34, or under paragraph 6B or 6C of Schedule 1,] made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

[F35(2BA)A statutory instrument which contains (whether alone or with other provision) regulations made by the Welsh Ministers under both section 562J(4) and section 39(2) of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.

(2BB)A statutory instrument which contains (whether alone or with other provision) regulations under section 579(3C) may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales.]

(2C)Paragraphs 33 to 35 of Schedule 11 to the Government of Wales Act 2006 make provision about the National Assembly for Wales procedures that apply to any statutory instrument containing regulations or an order made in exercise of functions conferred upon the Secretary of State or the National Assembly for Wales by this Act that have been transferred to the Welsh Ministers by virtue of paragraph 30 of that Schedule.]

F36(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Regulations under this Act may make different provision for different cases, circumstances or areas and may contain such incidental, supplemental, saving or transitional provisions as the Secretary of State thinks fit [F37or the Welsh Ministers think fit].

(5)Without prejudice to the generality of subsection (4), regulations under this Act may make in relation to Wales provision different from that made in relation to England.

(6)Subsection (5) does not apply to regulations under section 579(4).

F38569ARegulations made by Welsh Ministers under Chapter 5AE+W+S

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

570 Revocation and variation of certain orders and directions.E+W

(1)This section applies to any order or directions made or given under this Act by—

(a)the Secretary of State, [F39or]

F40(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)a [F1local authority],

other than an order to which section 568(1) applies.

(2)Subject to subsection (3), any such order or directions may be varied or revoked by a further order or directions made or given by the Secretary of State, F41. . . or the [F1local authority], as the case may be.

(3)Where the power to make or give any such order or directions is only exercisable—

(a)on the application or with the consent of any person or body of persons, or

(b)after consultation with any person or body of persons, or

(c)subject to any other conditions,

no order or directions made or given under that power may be varied or revoked under subsection (2) unless the same conditions are complied with.

GuidanceE+W

571 Publication of guidance.E+W

(1)The Secretary of State shall publish any guidance given by him for the purposes of any [F42provision of this Act] in such manner as he thinks fit.

F43(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Service of documentsE+W

572 Service of notices and other documents.E+W

Any order, notice or other document required or authorised by this Act to be [F44served on, or given to, any person may be served or given] —

(a)by delivering it to that person, or

(b)by leaving it at his usual or last known place of residence, or

(c)by sending it in a prepaid letter addressed to him at that place.

[F45(2)But such a document may not be served or given in an electronic communication to a person as a parent unless —

(a)the person consents in writing to the receipt of documents of the kind in question from the sender in an electronic communication sent to a specified number or address, and

(b)the communication is sent to the number or address in question.

(3)In subsection (2), “electronic communication” has the same meaning as in the Electronic Communications Act 2000.]

ConstructionE+W

573 Meaning of expressions relating to alteration etc. of premises or character of schools.E+W

(1)The following provisions apply for the purposes of this Act except where the context otherwise requires.

(2)References to the alteration of school premises include making improvements, extensions or additions to the premises; F46. . ..

(3)References to the enlargement of any school premises include any modification of the school’s existing premises which has the effect of increasing the number of pupils for whom accommodation can be provided.

F47(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F47(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

574 Changes to school not amounting to discontinuance etc.E+W

(1)For the purposes of this Act and any other enactment relating to the duties of a [F1local authority] neither—

(a)references in whatever terms to discontinuing a school (including those to a local authority ceasing to maintain a school), nor

(b)references in whatever terms to establishing a new school,

shall be read as applying by reason only of a change such as is mentioned in subsection (2) being made to an existing school (so that, where such a change is made to an existing school, the school shall be regarded as continuing despite the change and as being the same school before and after it, unless for other reasons it is to be regarded as discontinued).

(2)The changes are—

(a)education beginning or ceasing to be provided for pupils above or below a particular age, for boys as well as girls or for girls as well as boys;

(b)an enlargement or alteration of the school premises; and

(c)the transfer of the school to a new site.

575

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

576 Meaning of “parent”.E+W

(1)In this Act, unless the context otherwise requires, “parent”, in relation to a child or young person, includes any person—

(a)who is not a parent of his but who has parental responsibility for him, or

(b)who has care of him,

except that in [F48section 499(8)] it only includes such a person if he is an individual.

F49(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In subsection (1) “parental responsibility” has the same meaning as in the M1Children Act 1989.

(4)In determining for the purposes of subsection (1) whether an individual has care of a child or young person, any absence of the child or young person at a hospital or boarding school and any other temporary absence shall be disregarded.

F50577. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

578 Meaning of “the Education Acts”.E+W

In this Act “the Education Acts” means this Act together with the following Acts—

• F51. . .

• F52...

• the M2Education Act 1973;

• the M3Education Act 1980;

• the M4Education (Fees and Awards) Act 1983;

• the M5Further Education Act 1985 (except sections 4 and 5);

• the M6Education Act 1986;

• the M7Education (No. 2) Act 1986;

• the M8Education Reform Act 1988;

• F51. . .

• F53...

• the M9Further and Higher Education Act 1992;

• the M10Education Act 1994;

• F51. . .

• F52...

• F54...;

• [F55the M11Education Act 1997;]

• [F56the M12 Education (Schools) Act 1997;]

• F57. . .

• [F58the M13Teaching and Higher Education Act 1998;]

• [F59the School Standards and Framework Act 1998 (c. 31);]

• [F60the Education Act 2002 (c. 32)].

• [F61the Higher Education Act 2004 (c. 8)]

• [F62the Education Act 2005 (c. 18)]

• [F63the Education and Inspections Act 2006 (c. 40)]

• [F64the Education and Skills Act 2008 (c. 25)]

• [F65Learner Travel (Wales) Measure 2008 (nawm 2)]

• [F66Healthy Eating in Schools (Wales) Measure 2009 (nawm 3)]

• [F67Academies Act 2010 (c. 32)]

• [F68Education (Wales) Measure 2011]

• [F69Education Act 2011]

• [F70School Standards and Organisation (Wales) Act 2013]

• [F71Children and Families Act 2014, Pt. 3 and s. 100]

• [F72Education (Wales) Act 2014]

• [F73Higher Education (Wales) Act 2015]

• [F74Qualifications Wales Act 2015]

• [F75Additional Learning Needs and Education Tribunal (Wales) Act 2018]

• [F76Curriculum and Assessment (Wales) Act 2021]

579 General interpretation.E+W

(1)In this Act, unless the context otherwise requires—

• F77...

• [F78“Academy” means [F79an educational institution] to which Academy arrangements relate;]

• [F78“Academy arrangements” has the meaning given by section 1 of the Academies Act 2010;]

• [F78“Academy order” means an order under section 4 of that Act;]

• [F80 “Academy school”, “Academy order” and “alternative provision Academy” have the meanings have the meanings given by sections 1A, 1B and 1C respectively of that Act; ]

• [F81“additional learning needs” has the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;]

• [F81“additional learning provision” has the meaning given by section 3 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018; ]

• [F82“assist”, in relation to any school, institution or university, shall be construed in accordance with subsections (5) to (7) below;]

• “boarder” includes a pupil who boards during the week but not at weekends;

• “child” means a person who is not over compulsory school age;

• “clothing” includes footwear;

• [F83“education functions” means the functions specified in Schedule 36A;]

• [F84“EHC plan” means a plan within section 37(2) of the Children and Families Act 2014;]

• F77...

• “financial year” means a period of twelve months ending with 31st March;

• “functions” includes powers and duties;

• F77...

• “head teacher” includes acting head teacher;

• “higher education” means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988;

• [F85“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);]

• [F81“individual development plan” means a plan within Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;]

• “land” includes buildings and other structures, land covered with water, and any interest in land;

• “liability” includes obligation;

• [F86“local authority” means—

  (a)

  a local authority in England;

  (b)

  a local authority in Wales;

• “local authority in England” means—

  (a)

  a county council in England;

  (b)

  a metropolitan district council;

  (c)

  a non-metropolitan district council for an area for which there is no county council;

  (d)

  a London borough council; and

  (e)

  the Common Council of the City of London (in their capacity as a local authority);

• “local authority in Wales” means—

  (a)

  a county council in Wales; and

  (b)

  a county borough council;]

• F77...

• “local government elector” has the meaning given by section 270(1) of the M14Local Government Act 1972;

• [F87“maintained nursery school” has the meaning given by section 22(9) of the School Standards and Framework Act 1998;]

• “medical officer”, in relation to a [F1local authority], means a registered medical practitioner who is employed or engaged (whether regularly or for the purposes of any particular case) by the authority or whose services are made available to the authority by the Secretary of State;

• “modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly;

• [F88“the National Curriculum”(without more) means—

  (a)

  [F89in relation to England], the National Curriculum for England, [F90and]

  (b)

  [F90in relation to Wales, the National Curriculum for Wales;]]

• “premises”, in relation to a school, includes any detached playing fields but, except where otherwise expressly provided, does not include a teacher’s dwelling-house;

• “prescribed” [F91(except in Chapter 5A)] means prescribed by regulations;

• “proprietor”, in relation to a school [F92or a 16 to 19 Academy] , means the person or body of persons responsible for the management of the school [F93or Academy] (so that, in relation to [F94a community, foundation or voluntary or community or foundation special school [F95or a maintained nursery school,] ,] [F96or a maintained nursery school,] it means the governing body);

• F77...

• “regulations” F97... means regulations made by the Secretary of State [F98, except where otherwise stated or where the function of making the regulations has been transferred to the Welsh Ministers in relation to Wales];

• F77...

• [F99“sex education” includes education about—

  (a)

  Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus, and

  (b)

  any other sexually transmitted disease;]

• “school buildings”, in relation to a school, means any building or part of a building forming part of the school premises, other than a building or part required only—

  (a)

  as a caretaker’s dwelling,

  (b)

  for use in connection with playing fields,

  (c)

  to afford facilities [F100for the carrying out of functions] under [F101paragraph 1 or 8 of Schedule 1 to the National Health Service Act 2006 (which relate to the provision of medical services for pupils), or]

  (d)

  to afford facilities for providing milk, meals or other refreshment for pupils in attendance at the school;

• [F102“school year”, in relation to a school, means the period beginning with the first school term to begin after July and ending with the beginning of the first such term to begin after the following July;]

• [F103“special educational needs”—

  (a)

  in relation to a child or person over compulsory school age but under 25 in the area of a local authority in England, has the meaning given by section 20(1) of the Children and Families Act 2014;

  (b)

  [F104in relation to a child in the area of a local authority in Wales, has the meaning given by section 312;]

• “special educational provision”—

  (a)

  in relation to a person in the area of a local authority in England, has the meaning given by section 21(1) and (2) of the Children and Families Act 2014;

  (b)

  [F105in relation to a child in the area of a local authority in Wales, has the meaning given by section 312(4);]]

• “school day”, in relation to a school, means any day on which at that school there is a school session;

• [F106“trust deed” includes any instrument (other than an instrument of government) regulating the constitution of the school’s governing body or the maintenance, management or conduct of the school;]

• “young person” means a person over compulsory school age but under the age of 18.

[F107(1A)For the purposes of this Act a person is subject to learning difficulty assessment if—

(a)an assessment under section 140 of the Learning and Skills Act 2000 (learning difficulty assessments: Wales) has been conducted in respect of the person, or

(b)arrangements for such an assessment to be conducted in respect of the person have been made or are required to be made.]

(2)References in this Act to an interest in land include any easement, right or charge in, to or over land.

F108(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F109(3A)References in this Act to a person who is “in the area” of a local authority in England do not include a person who is wholly or mainly resident in the area of a local authority in Wales [F110or who would be wholly or mainly resident in the area of a local authority in Wales were it not for provision secured for the person under Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018].

(3B)References in this Act to a person who is “in the area” of a local authority in Wales do not include a person who is wholly or mainly resident in the area of a local authority in England [F111or who would be wholly or mainly resident in the area of a local authority in England were it not for provision secured for the person under Part 3 of the Children and Families Act 2014].]

[F112(3C)The Welsh Ministers may make further provision by regulations about the meaning of references in this Act to a person who is “in the area” of a local authority in Wales.]

(4)For the purposes of this Act a person shall be treated as belonging, or as not belonging, to the area of a particular [F1local authority] in accordance with regulations; and any question under the regulations shall, in the case of a dispute, be determined by the Secretary of State.

[F113(4A)For the purposes of this Act the area of the Common Council of the City of London shall be treated as including the Inner Temple and the Middle Temple.]

(5)For the purposes of this Act a school shall be regarded as “assisted” by a [F1local authority] who do not maintain it if the authority make to its proprietor any grant in respect of the school or any payment in consideration of the provision of educational facilities there.

(6)Subject to subsection (7), an institution other than a school shall be regarded for the purposes of this Act as “assisted” by a [F1local authority] if the authority make to the persons responsible for its maintenance any grant in respect of the institution or any payment in consideration of the provision of educational facilities there.

(7)Neither—

(a)a university, nor

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

shall be regarded for the purposes of this Act as “assisted” by a [F1local authority] by virtue of the making by the authority to the persons responsible for the maintenance of the university or institution of any grant or payment such as is mentioned in subsection (6).

F114580 Index.E+W

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

Final provisionsU.K.

581 Application to Isles of Scilly.E+W

This Act shall apply to the Isles of Scilly—

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

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

582 Consequential amendments, repeals, transitional provisions etc.U.K.

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

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

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

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

583 Short title, commencement and extent.U.K.

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

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

(3)The following provisions—

• section 8,

• section 317(6),

• section 348,

• section 528,

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

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

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

(4)The Secretary of State may by order make such incidental, supplemental, saving or transitional provision as he thinks fit in connection with the coming into force in accordance with subsection (2) of any provision of this Act reproducing the effect of a provision of the M15Education Act 1993 which has not previously been brought into force by an order under section 308(3) of that Act (commencement).

(5)[F146Where an order under subsection (3) brings into force any provision of section 317(6) or 528, then in relation to the coming into force of that provision—

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

(b)the order may make such provision as is authorised to be made, by virtue of section 67(2) and (3) of the M16Disability Discrimination Act 1995 (regulations and orders), by an order under section 70(3) of that Act (commencement).]

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

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

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