Part IE+W Assisted places scheme

F11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Part IIU.K. School discipline

Responsibility for disciplineU.K.

F22. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Power to restrain pupilsU.K.

F44 Power of members of staff to restrain pupils.U.K.

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DetentionU.K.

F55 Detention outside school hours lawful despite absence of parental consent.U.K.

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Exclusion of pupils from schoolU.K.

F66. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F77. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F88. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

LEA plansU.K.

F99LEA plans relating to children with behavioural difficulties.U.K.

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Part IIIU.K. School admissions

Chapter IU.K. County and voluntary schools

Partially-selective schoolsU.K.

F1010. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Children permanently excluded from two or more schoolsE+W

F1111. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F1212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Chapter IIU.K. Grant-maintained schools

F1414. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Part IVU.K. Baseline assessments and pupils’ performance

F15F15Chapter IE+W

15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16 Adoption of baseline assessment schemes.E+W

(1)The governing body of each maintained primary school with pupils who are required to be assessed under section 17 shall adopt a baseline assessment scheme for the school in accordance with the following provisions of this section; but subsections (2) to (5) below have effect subject to subsection (6).

(2)A baseline assessment scheme may be so adopted if (and only if) the scheme has been accredited by a designated body in accordance with criteria determined with the approval of the Secretary of State, and published, by that body.

(3)A [F17local authority] may prepare, and seek accreditation of, a baseline assessment scheme with a view to its being adopted by the governing bodies of primary schools maintained by the authority.

(4)Each [F17local authority] shall select an accredited baseline assessment scheme which they consider suitable to be so adopted (and which may be a scheme prepared by them under subsection (3)).

(5)However, in the case of any particular maintained primary school, the baseline assessment scheme which is to be adopted for the school under this section by its governing body shall be such scheme to which subsection (2) applies as is chosen—

(a)by the head teacher after consulting the governing body; or

(b)if such a scheme is not so chosen by him within a reasonable time, by the governing body;

and, when choosing the scheme to be adopted for [F18a maintained primary school,] the head teacher or (as the case may be) the governing body shall ensure that the scheme selected by the authority under subsection (4) is considered (whether on its own or with any other schemes).

(6)The Secretary of State may by order require the governing body of each maintained primary school with pupils who are required to be assessed under section 17 to adopt for their school such baseline assessment scheme as is referred to in the order; and so long as any such order is in force subsections (2) to (5) above shall not apply.

17 Assessment of pupils in accordance with scheme.E+W

(1)Subject to subsections (3) and (4), all pupils at a maintained primary school who are at the relevant stage of their education must be assessed in accordance with a baseline assessment scheme adopted for the school under section 16.

(2)The assessment must be completed before the end of the prescribed period.

(3)Subsection (1) does not apply to a pupil if it appears to the head teacher from a record of a previous assessment under that subsection that such an assessment has already been carried out in relation to the pupil at another school.

(4)Regulations may enable a head teacher of a maintained primary school, in such cases or circumstances and subject to such conditions as may be prescribed, to direct—

(a)that subsection (1) is not to apply to a particular registered pupil at the school, or

(b)that, for the purposes of the assessment under that subsection of a particular registered pupil at the school, the school’s baseline assessment scheme is to have effect with such modifications as are specified in the direction.

(5)Where the head teacher gives such a direction he shall notify—

(a)the governing body, and

[F19(b)the [F17local authority] by whom the school is maintained,]

of the matters set out in subsection (6); and he shall take such steps as are prescribed to notify a parent of the pupil concerned of those matters.

(6)The matters referred to in subsection (5) are—

(a)the fact that the head teacher has given the direction in question and his reasons for doing so;

(b)in the case of a direction under subsection (4)(b), the effect of the modifications specified in the direction; and

(c)whether the direction is to have permanent effect (and, if not, the period for which it is to have effect).

(7)In relation to any maintained primary school—

(a)the governing body and F20. . . the [F17local authority] shall exercise their functions with a view to securing, and

(b)the head teacher shall secure,

that subsection (1) is complied with.

(8)Regulations shall prescribe the circumstances in which a pupil is to be regarded as being at the relevant stage of his education for the purposes of subsection (1), and any such circumstances may be framed by reference to, or to matters which include, the pupil’s age.

18 Regulations for purposes of this Chapter.E+W

(1)The Secretary of State may by regulations confer or impose such functions—

(a)on the governing body and the head teacher of a maintained primary school,

(b)F21. . . on a [F17local authority] , and

(c)on a designated body,

as appear to him to be required in connection with any provision of this Chapter.

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

(a)the [F17local authority] , or F22. . . a designated body, to be notified—

(i)of the baseline assessment scheme for the time being adopted for any maintained primary school with pupils who are required to be assessed under section 17, and

(ii)where any assessment has been carried out under that section at any such school, that it has been so carried out;

(b)the results of any assessments carried out under that section to be recorded and notified—

(i)to such persons as are specified in the regulations, and

(ii)where the pupils in question transfer to other schools, to those other schools.

(3)Regulations under this section may also make provision requiring a [F17local authority] —

(a)to notify a designated body of any assessments notified to the authority in pursuance of regulations under subsection (2)(a)(ii); and

(b)to collect other information relating to assessments carried out under section 17 at schools maintained by the authority and to forward such information to a designated body.

Chapter IIU.K. Pupils’ performance

19 School performance targets.E+W

(1)The Secretary of State may by regulations make such provision as the Secretary of State considers appropriate for requiring the governing bodies of maintained schools to secure that annual targets are set in respect of the performance of pupils—

(a)in public examinations or in assessments for the purposes of the National Curriculum, in the case of pupils of compulsory school age; or

(b)in public examinations or in connection with the attainment of other external qualifications, in the case of pupils of any age over that age.

(2)Regulations under this section may require—

(a)such targets, and

(b)the past performance of pupils in the particular examinations or assessments, or in connection with the attainment of the particular qualifications, to which such targets relate,

to be published in such manner as is specified in the regulations.

[F23(3)In this section “maintained school” means—

(a)a community, foundation or voluntary school, or

(b)a community or foundation special school (other than one established in a hospital).]

20 Provision of information about individual pupils’ performance.E+W

After section 537 of the M1Education Act 1996 there shall be inserted—

“537A Provision of information about individual pupils’ performance.

(1)The Secretary of State may by regulations make provision requiring—

(a)the governing body of every school which is—

(i)maintained by a [F17local authority], or

(ii)a grant-maintained school, or

(iii)a special school which is not maintained by a [F17local authority], and

(b)the proprietor of each independent school,

to provide to the Secretary of State such individual performance information relating to pupils or former pupils at the school as may be prescribed.

(2)In this section “individual performance information” means information about the performance of individual pupils (identified in the prescribed manner)—

(a)in any assessment made for the purposes of the National Curriculum or in accordance with a baseline assessment scheme (within the meaning of Chapter I of Part IV of the Education Act 1997);

(b)in any prescribed public examination;

(c)in connection with the attainment of any vocational qualification; or

(d)in any such other assessment or examination, or in connection with the attainment of any such other qualification, as may be prescribed.

(3)The Secretary of State may provide any information received by him by virtue of subsection (1)—

(a)to any prescribed body or person, or

(b)to any body or person falling within a prescribed category.

(4)Any body or person holding any individual performance information may provide that information to any body to which this subsection applies; and any body to which this subsection applies—

(a)may provide any information received by it under this subsection—

(i)to the Secretary of State, or

(ii)to the governing body or proprietor of the school attended by the pupil or pupils to whom the information relates; and

(b)may, at such times as the Secretary of State may determine, provide to any prescribed body such information received by it under this subsection as may be prescribed.

(5)Subsection (4) applies to any body which, for the purposes of or in connection with the functions of the Secretary of State relating to education, is responsible for collating or checking information relating to the performance of pupils—

(a)in any assessment or examination falling within subsection (2)(a), (b) or (d), or

(b)in connection with the attainment of any qualification falling within subsection (2)(c) or (d).

(6)No individual performance information received under or by virtue of this section shall be published in any form which includes the name of the pupil or pupils to whom it relates.

(7)References in this section to the attainment of a qualification of any description include references to the completion of any module or part of a course leading to any such qualification.”

Part VU.K. Supervision of curriculum for schools and external qualifications

Chapter IE+W+N.I. The Qualifications and Curriculum Authority

Establishment of the AuthorityE+W+N.I.

F2421 The Qualifications and Curriculum Authority.E+W+N.I.

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

Functions of the AuthorityE+W+N.I.

F2422 General function of Authority to advance education and training.E+W+N.I.

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

F2423 Functions of the Authority in relation to curriculum and assessment.E+W

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F2424 Functions of the Authority in relation to external vocational and academic qualifications.E+W+N.I.

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F2425 Other functions of the Authority.E+W

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F2426 Supplementary provisions relating to discharge by Authority of their functions.E+W+N.I.

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F24[F2526A] Power of Authority to give directionsE+W+N.I.

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Chapter IIU.K. [F26Functions of the National Assembly for Wales]

F27...E+W

F2827 The Qualifications, Curriculum and Assessment Authority for Wales.E+W

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

Functions of the [F29National Assembly for Wales] E+W

28 General function of [F30National Assembly for Wales] to advance education and training.E+W

(1)The functions conferred on the [F31National Assembly for Wales] by this Part shall be exercised by [F32the National Assembly for Wales] for the purpose of advancing education and training in Wales.

(2)[F33The National Assembly for Wales] shall exercise [F34its functions] under this Part with a view to promoting quality and coherence in education and training in relation to which [F35it has] functions under this Part.

29 Functions of the [F36National Assembly for Wales] in relation to curriculum and assessment.E+W

(1)[F37The National Assembly for Wales] shall have the functions set out in subsection (2) [F38 with respect to—

(a)pupils at maintained schools in Wales who have not ceased to be of compulsory school age,

(b)pupils at maintained nursery schools in Wales, and

(c)children for whom funded nursery education is provided in Wales otherwise than at a maintained school or maintained nursery school.]

(2)The functions are—

(a)to keep under review all aspects of the curriculum for [F39maintained schools or maintained nursery schools] and all aspects of school examinations and assessment;

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

F41(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)to publish and disseminate, and assist in the publication and dissemination of, information relating to the curriculum for such schools or to school examinations and assessment;

(e)to make arrangements with appropriate bodies for auditing the quality of assessments made in pursuance of assessment arrangements; F42. . .

(f)F42. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F43(2A)In subsection (2) references to the curriculum for a maintained nursery school include references to the curriculum for any funded nursery education provided asmentioned in subsection (1)(c); and references to assessment in schools include references to assessment in funded nursery education.]

(3)The Authority shall have, in relation to Wales, the function of developing learning goals and related materials for children who are [F44under compulsory school age.]

(4)The Authority shall have, in relation to Wales, the following functions in connection with baseline assessment schemes (within the meaning of Chapter I of Part IV), namely—

(a)if designated by the Secretary of State for the purpose, any function of a designated body under that Chapter; and

(b)any other function which may be conferred on the Authority by the Secretary of State.

(5)In this section “assessment” and “maintained school” have the same meaning as in section 23[F45; and “funded nursery education” has the meaning given by section 98 of the Education Act 2002;]

30 Functions of the [F46National Assembly for Wales] in relation to external vocational and academic qualifications.E+W

[F47(1)This section applies for the purposes of the following functions with respect to external qualifications in relation to Wales—

F48(a)to keep under review all aspects of such qualifications;

F48(b)to provide support and advice to persons providing courses leading to such qualifications with a view to establishing and maintaining high standards in the provision of such courses;

F48(c)to publish and disseminate, and assist in the publication and dissemination of, information relating to such qualifications;

[F49(ca)to develop and publish criteria for the recognition of persons who, as outside persons, award or authenticate such qualifications or credits in respect of components of such qualifications;

(cb)to recognise, where they meet such criteria, any such persons who apply to be recognised;

(d)to develop and publish criteria for the accreditation of such qualifications where they are awarded or authenticated by persons recognised under paragraph (cb);]

F48(e)to accredit, where they meet such criteria, any such qualifications submitted for accreditation;

[F50(ea)to develop and publish rules and procedures for dealing with the effect on the continued accreditation of such qualifications where any person awarding or authenticating them ceases to be recognised;]

F48(f)to make arrangements (whether or not with others) for the development, setting or administration of tests or tasks which fall to be undertaken with a view to obtaining such qualifications and which fall within a prescribed description.]

[F51(1A)In subsection (1) (d)— “criteria” includes criteria that are to be applied for the purpose of ensuring that the number of different accredited qualifications in similar subject areas or serving similar functions is not excessive; and paragraph (e) of that subsection is to be construed accordingly.]

[F52(1B)The following functions are exercisable solely by the Welsh Ministers—

(a)the functions set out in paragraphs (ca) and (cb) of subsection (1); and

(b)the functions set out in the other paragraphs of that subsection so far as they relate to external qualifications other than National Vocational Qualifications.

(1C)The functions set out in those other paragraphs so far as they relate to National Vocations Qualifications are exercisable as follows—

(a)the functions set out in paragraphs (a) to (c), (d) and (ea) of subsection (1) are exercisable concurrently by the Welsh Ministers and the Qualifications and Curriculum Authority; and

(b)the functions set out in paragraphs (e) and (f) of that subsection are exercisable solely by the Qualifications and Curriculum Authority.

(1D)Subsections (1B) and (1C) are subject to any exercise of the power conferred by subsection (2).]

[F53(2)The National Assembly for Wales may by order prescribe that—

(i)a function specified in subsection (1) which is for the time being exercisable solely by the Assembly shall be exercised concurrently by the Assembly and the Qualifications and Curriculum Authority;

(ii)such a function which is for the time being exercisable solely by the Qualifications and Curriculum Authority shall be exercised either concurrently by that Authority and the Assembly or solely by the Assembly;

(iii)such a function which is for the time being exercisable concurrently by the Qualifications and Curriculum Authority and the Assembly shall be exercised solely by the Assembly.]

[F54(3)The Authority shall have, in relation to Wales, the following functions with respect to external qualifications, namely—

(a)if designated by the Secretary of State for the purpose, to advise the Secretary of State on the exercise of his powers under section 37 (approval of external qualifications); and

(b)if designated by the Secretary of State for the purpose, to exercise any functions conferred on a designated body by regulations under that section.]

F55(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)In this section “external qualification” has the same meaning as in section 24.

[F56(6)Subsection (7) of section 24 (interpretation of references to the award or authentication by outside persons of external qualifications or credits in respect of components of them) applies for the purposes of this section as it applies for the purposes of that section.]

F5731 Other functions of the Authority.E+W

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32 Supplementary provisions relating to discharge by [F58the National Assembly for Wales of its functions] .E+W

(1)In carrying out [F59its functions] under this Part [F60the National Assembly for Wales] shall—

F61(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F62(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)so far as relevant, have regard to—

(i)the requirements of [F63section 99 of the Education Act 2002] (general duties in respect of curriculum),

(ii)the requirements of industry, commerce, finance and the professions regarding education and training (including required standards of practical competence), and

(iii)the requirements of persons with special learning needs.

(2)In carrying out those functions [F64the National Assembly for Wales] shall in addition have regard to information supplied [F65to it] by [F66Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru] or by any body designated by the Secretary of State for the purposes of this section.

(3)Where in carrying out any of [F67its functions] under this Part [F68the Assembly [F69recognises any person or] accredits] F70... any qualification, [F71it may] do so on such terms (including terms as to payment) F70... as [F71it may] determine.

[F72(3A)Where in carrying out those functions [F73the National Assembly for Wales [F74recognises any person or] accredits] any qualification, [F75it may], at the time of [F76recognition or of] accreditation or later, impose such conditions on [F77recognition or] accreditation or continued [F78recognition or] accreditation as [F75it may] determine.]

(4)Those conditions may in particular include conditions—

(a)placing a limit on the amount of the fee that can be demanded in respect of any award or authentication of the qualification in question; and

[F79(b)requiring rights of entry to premises and to inspect and copy documents so far as necessary for [F80the National Assembly for Wales] —

(i)to satisfy [F81itself] that the appropriate standards are being [F82maintained by the recognised person in question in relation to the award or authentication of qualifications generally or in relation to the award or authentication of the qualification in question], or

(ii)to determine whether to impose a condition falling within paragraph (a) and if so what that condition should be.]

[F83(4A)Where authorised to do so under paragraph 2(3) of Schedule 4, the National Assembly for Wales may act as agent for the Qualifications and Curriculum Authority in connection with the exercise of any of that Authority’s functions in relation to Wales.]

F84(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In this section “persons with special learning needs” has the same meaning as in section 26.

[F8532A Power of Welsh Ministers to give directionsE+W

(1)If it appears to the Welsh Ministers—

(a)that any recognised person has failed or is likely to fail to comply with any condition subject to which the recognition has effect, and

(b)that the failure—

(i)prejudices or would be likely to prejudice the proper award or authentication by that person of any qualification accredited by them or by the Qualifications and Curriculum Authority, or

(ii)prejudices or would be likely to prejudice persons who might reasonably be expected to seek to obtain any such qualification awarded or authenticated by that person,

the Welsh Ministers may direct the recognised person to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the recognition has effect.

(2)If it appears to the Welsh Ministers—

(a)that any recognised person who awards or authenticates any qualification accredited by them has failed or is likely to fail to comply with any condition subject to which the accreditation has effect, and

(b)that the failure—

(i)prejudices or would be likely to prejudice the proper award or authentication of the qualification, or

(ii)prejudices or would be likely to prejudice persons who might reasonably be expected to seek to obtain the qualification,

the Welsh Ministers may direct the recognised person to take or refrain from taking specified steps with a view to securing compliance with the conditions subject to which the accreditation has effect.

(3)It shall be the duty of the recognised person to comply with any direction under this section.

(4)Any direction under this section is enforceable, on the application of the Welsh Ministers, by a mandatory order.

(5)In this section “recognised person” means a person recognised by the Welsh Ministers.

(6)In this section any reference to the award or authentication of any qualification by any person is a reference to its award or authentication by any person alone or jointly with others.]

Chapter IIIE+W+N.I. Provisions supplementary to Chapters I and II

Dissolution of existing bodiesE+W

F8633 Dissolution of existing bodies.E+W

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Transfer of property and staffE+W+N.I.

F8734 Transfer of property.E+W+N.I.

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

35 Transfer of staff.E+W+N.I.

(1)This section applies to any person who—

(a)is employed by the National Council for Vocational Qualifications (“the NCVQ”) or the School Curriculum and Assessment Authority (“the SCAA”) immediately before section 21 comes into force, and

(b)is designated as respects the Qualifications and Curriculum Authority F88... by order of the Secretary of State;

and in this section “the relevant Authority” means, in relation to any such person, [F89the Qualifications and Curriculum Authority][F90, known instead as the Qualifications and Curriculum Development Agency from the day on which section 175 of the Apprenticeships, Skills, Children and Learning Act 2009 comes into force].

(2)A contract of employment between a person to whom this section applies and the NCVQ or the SCAA shall have effect, from the day on which the order under subsection (1)(b) comes into force, as if originally made between him and the relevant Authority.

(3)Without prejudice to subsection (2)—

(a)all the rights, powers, duties and liabilities of the NCVQ or the SCAA under or in connection with a contract to which that subsection applies shall by virtue of that subsection be transferred to the relevant Authority on the day on which the order under subsection (1)(b) comes into force, and

(b)anything done before that day by or in relation to the NCVQ or the SCAA in respect of that contract or the employee shall be deemed from that day to have been done by or in relation to the relevant Authority.

(4)Subsections (2) and (3) are without prejudice to any right of an employee to terminate his contract of employment if his working conditions are changed substantially to his detriment; but such a change shall not be taken to have occurred by reason only of the change in employer effected by subsection (2).

(5)In subsection (4) the reference to an employee’s working conditions includes a reference to any rights (whether accrued or contingent) under any pension or superannuation scheme of which he was a member by virtue of his employment with the NCVQ or the SCAA (as the case may be).

(6)An order under subsection (1)(b) may designate a person either individually or as falling within a class or description of employee.

(7)No order under subsection (1)(b) may be made after the end of the period of six months beginning with the day on which section 21 comes into force.

(8)Any order under subsection (1)(b) made before the day on which section 21 comes into force shall come into force on that day.

(9)The Secretary of State may by order provide that there shall be substituted for the period mentioned in subsection (7) such shorter period as he may specify in the order, being a period ending no earlier than the day on which the order comes into force.

Levy on bodies awarding accredited qualificationsE+W+N.I.

F9136 Levy on bodies awarding qualifications accredited by relevant body.E+W+N.I.

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Chapter IVU.K. Control of certain courses leading to external qualifications

F9237 Requirement for approval of certain publicly-funded and school courses leading to external qualifications.E+W

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Part VIU.K. Inspection of [F93local authorities] and school inspections

Chapter IU.K. Inspection of [F93local authorities]

38 Inspection of [F93local authorities] .E+W

(1)The Chief Inspector—

(a)may, and

(b)if requested to do so by the Secretary of State, shall,

arrange for any [F17local authority] to be inspected under this section.

F94(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F95(2A)An inspection of a [F17local authority] in Wales under this section shall consist of a review of the way in which the authority are performing—

[F96(a)any education function of theirs;]

(b)the functions conferred on them under sections 25 and 26 [F97of the Children Act 2004] so far as relating to education, training or youth support services (within the meaning of section 123 of the Learning and Skills Act 2000).]

(3)A request by the Secretary of State under this section may relate to one or more [F93local authorities], and shall specify both—

(a)the [F17local authority] or authorities concerned, and

(b)the functions of theirs to which the inspection is to relate.

(4)Before making any such request the Secretary of State shall consult the Chief Inspector as to the matters to be specified in the request in accordance with subsection (3).

(5)Any inspection under this section shall be conducted—

(a)by one of Her Majesty’s Inspectors of Schools in F98... Wales, or

(b)by any additional inspector authorised under F99... [F100paragraph 2 of Schedule 2 to [F101the Education Act 2005]];

but he may be assisted by such other persons (whether or not members of the Chief Inspector’s staff) as the Chief Inspector thinks fit.

(6)For the purposes of this section a [F17local authority] shall provide the Chief Inspector with such information as may be prescribed, and shall do so in such form and—

(a)within such period following a request made by the Chief Inspector in any prescribed circumstances, or

(b)at such other times,

as regulations may provide.

(7)In this section and sections 39 to [F10241A] “the Chief Inspector” means—

F103(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)in relation to a [F17local authority] in Wales, [F104Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru];

and in those sections references to “the inspector” in relation to an inspection under this section are references to the person conducting the inspection.

39 Reports of inspections under s. 38 and action plan by [F17local authority]E+W

(1)Where an inspection under section 38 has been completed, the inspector shall make a written report on the matters reviewed in the course of the inspection, and shall send copies of the report to—

(a)any [F17local authority] to which the inspection relates; and

(b)the Secretary of State.

(2)Where a [F17local authority] receive a copy of a report under this section, they shall prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.

(3)The authority shall publish—

(a)the report, and

(b)the statement prepared under subsection (2),

within such period, and in such manner, as may be prescribed.

(4)The Chief Inspector may arrange for any report under this section to be published in such manner as he considers appropriate [F105; and F106[F107... section 29(2) to (4) of [F108 the Education Act 2005 ]] shall apply in relation to the publication of any such report as they apply in relation to the publication of a report under any of the provisions mentioned in F109[F110... section 29(2)] .]

[F11140 Inspector’s rights of entry etc.E+W

(1)This section applies where a [F17local authority] are inspected under section 38.

(2)The inspector, and any person assisting him, shall have at all reasonable times a right of entry to—

(a)the premises of the [F17local authority],

(b)the premises of any school maintained by the authority, and

(c)any other premises at which relevant section 19 education is provided, other than premises which are or form part of a private dwelling house but are not a school.

(3)The inspector, and any person assisting him, shall also have at all reasonable times a right to inspect and take copies of—

(a)any records kept by, and any other documents containing information relating to, the [F17local authority] or any school maintained by the authority, and

(b)any records kept by a person who provides relevant section 19 education that relate to the provision of that education, and any other documents containing information that so relates;

which he considers relevant to the exercise of his functions.

(4)[F112Section 58 of the Education Act 2005] (inspection of computer records) shall apply for the purposes of subsection (3) as it applies for the purposes of Part 1 of that Act.

(5)Without prejudice to subsections (2) and (3), the [F17local authority] and the governing body of any school maintained by the authority—

(a)shall give the inspector and any person assisting him, all assistance in connection with the exercise of his functions which they are reasonably able to give, and

(b)shall secure that all such assistance is also given by persons who work at the school.

(6)It shall be an offence wilfully to obstruct the inspector or any person assisting him in the exercise of his functions in relation to the inspection.

(7)A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(8)In this section—

• “document” and “records” each include information recorded in any form; and

• “relevant section 19 education” means education provided to a child by virtue of arrangements made by the [F17local authority] under section 19 of the Education Act 1996 (exceptional provision of education at schools or otherwise).]

F11341 Inspections involving collaboration of Audit Commission.E+W

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

[F11441AInspections involving collaboration of Auditor General for WalesU.K.

(1)If requested to do so by the Chief Inspector, the Auditor General for Wales may assist with any inspection under section 38 of a [F17local authority] in Wales; and subsections (2) to (5) below have effect where the Auditor General for Wales assists with any such inspection.

(2)Section 40 shall apply to the Auditor General for Wales and to any authorised person as it applies to the inspector.

(3)Any information obtained by virtue of section 40 by a person falling within one of the categories mentioned in subsection (4) may be disclosed for the purposes of the inspection, or the preparation or making of the report under section 39(1), to a person falling within the other category.

(4)Those categories are—

(a)the Auditor General for Wales and any authorised person; and

(b)the inspector and any person assisting him.

(5)Any report prepared under section 39(1) shall be prepared by the inspector acting in conjunction with the Auditor General for Wales.

(6)The Auditor General for Wales shall not provide assistance under this section unless, before he does so, the Chief Inspector has agreed to pay the Auditor General for Wales an amount equal to the full costs incurred by the Auditor General for Wales in providing the assistance.

(7)In this section “authorised person” means a person authorised by the Auditor General for Wales for the purposes of this section.]

Chapter IIU.K. School Inspections

F11542 Miscellaneous amendments relating to school inspections.E+W

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

Part VIIU.K. Careers education and guidance

43 Provision of careers education in schools.E+W

(1)All registered pupils at a school to which this section applies must be provided, during the relevant phase of their education, with a programme of careers education.

(2)This section applies to—

[F116(a)community, foundation and voluntary schools;]

F117(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F118(c)community or foundation special schools (other than those established in hospitals);]

(d)city technology colleges [F119, city colleges for the technology of the arts and [F120Academies]]; and

(e)pupil referral units.

[F121(2A)Subsection (2B) applies where, in the course of a programme of careers education provided, in pursuance of subsection (1), to registered pupils at a school in England falling within subsection (2)(a), (c) or (e), information or advice is given which—

(a)relates to any options available in respect of 16-18 education or training, or otherwise relates to the pursuit of particular careers (at any age), or

(b)relates to decisions or other steps to be taken in connection with any such options or careers.

(2B)Any such information must be presented in an impartial manner, and—

(a)any such advice must be advice which the person giving it considers will promote the best interests of the pupils concerned, and

(b)accordingly, in giving the advice, that person must not seek to promote, contrary to the pupils' best interests, the interests or aspirations of the school or of other persons or institutions.]

(3)It is the duty of each of the following to secure that subsection (1) [F122 (and, where applicable, subsection (2B)) ] is complied with, namely—

(a)in the case of a school falling within subsection (2)(a) to (c), the governing body of the school and its head teacher,

(b)in the case of a school falling within subsection (2)(d), the proprietors of the school and its head teacher, and

(c)in the case of a pupil referral unit, the [F17local authority] maintaining the unit and the teacher in charge of it.

(4)Each of sections 496 and 497 of the M2Education Act 1996 (default powers of Secretary of State) shall, in relation to the duty imposed by subsection (3) above, have effect as if any reference to a body to which that section applies included a reference to the proprietors of a school falling within subsection (2)(d) above.

(5)For the purposes of this section the relevant phase of a pupil’s education is the period—

(a)beginning at the same time as the school year in which the majority of pupils in his class attain the age of 14; and

(b)ending with the expiry of the school year in which the majority of pupils in his class attain the age of 16.

(6)In this section—

• “career” includes the undertaking of any training, employment or occupation or any course of education;

• “careers education” means education designed to prepare persons for taking decisions about their careers and to help them implement such decisions;

• “class”, in relation to a particular pupil, means—

  (a)

  the teaching group in which he is regularly taught, or

  (b)

  if he is taught in different groups for different subjects, such one of those groups as is designated by the head teacher of the school or, in the case of a pupil at a pupil referral unit, by the teacher in charge of the unit.

• [F123“16-18 education or training” means education or training suitable to the requirements of persons who have ceased to be of compulsory school age but have not attained the age of 18;

• “training”, in connection with registered pupils at schools in England, includes a voluntary or other placement apt to enable the development of any skill or competency (whether or not taking place at a time when the person concerned is still such a pupil).]

44 Schools and other institutions to co-operate with careers advisers.E+W

(1)Where a careers adviser has responsibilities in relation to persons attending an educational institution to which this section applies, he shall on request be provided with—

(a)the name and address of every relevant pupil or student at the institution; and

(b)any information in the institution’s possession about any such pupil or student which the careers adviser needs in order to be able to provide him with advice and guidance on decisions about his career or with other information relevant to such decisions.

(2)If the registered address of a parent of any such pupil is different from the pupil’s registered address, subsection (1)(a) requires the parent’s address to be provided as well.

(3)Paragraph (a) or (as the case may be) paragraph (b) of subsection (1) does not, however, apply to any pupil or student to the extent that—

(a)(where he is under [F124the age of 16]) a parent of his, or

(b)(where he has attained that age) he himself,

has indicated that any information falling within that paragraph should not be provided to the careers adviser.

(4)Where a careers adviser has responsibilities in relation to persons attending an educational institution to which this section applies, he shall on request be permitted to have, in the case of any relevant pupil or student specified by him, access to that person—

(a)on the institution’s premises, and

(b)at a reasonable time agreed by or on behalf of the head teacher, principal or other head of the institution,

for the purpose of enabling him to provide that person with advice and guidance on decisions about his career and with any other information relevant to such decisions.

(5)Such access shall include an opportunity for the careers adviser to interview that person about his career, if he agrees to be so interviewed.

(6)Where a careers adviser has responsibilities in relation to persons attending an educational institution to which this section applies, he shall on request be permitted to have, in the case of any group of relevant pupils or students specified by him, access—

(a)to that group of persons in the manner specified in subsection (4)(a) and (b), and

(b)to such of the institution’s facilities as can conveniently be made available for his use,

for the purpose of enabling him to provide those persons with group sessions on any matters relating to careers or to advice or guidance about careers.

(7)Any request made for the purposes of subsection (1), (4) or (6) must be made in writing to the head teacher, principal or other head of the institution in question.

(8)This section applies to—

(a)the schools listed in section 43(2)(a) to (d); and

(b)institutions within the further education sector.

(9)It is the duty of each of the following to secure that subsections (1), (4) and (6) are complied with, namely—

(a)in the case of a school falling within section 43(2)(a) to (c) or an institution within the further education sector, the governing body of the school or institution and its head teacher, principal or other head, and

(b)in the case of a school falling within section 43(2)(d), the proprietors of the school and its head teacher;

and section 43(4) shall apply in relation to that duty as it applies in relation to the duty imposed by section 43(3).

(10)For the purposes of this section—

(a)a pupil at a school is a relevant pupil—

(i)at any time during the period which is the relevant phase of his education for the purposes of section 43, or

(ii)if he is over compulsory school age and receiving secondary education; and

(b)a person is a relevant student at an institution within the further education sector if he is receiving at the institution either—

(i)full-time education, or

(ii)part-time education of a description commonly undergone by persons in order to fit them for employment.

(11)For the purposes of this section—

(a)“careers adviser” means a person who is employed by a body providing services in pursuance of arrangements made or directions given under section 10 of the M3Employment and Training Act 1973 and who is acting, in the course of his employment by that body, for the purposes of the provision of any such services; and

(b)a careers adviser has responsibilities for any persons if his employment by that body includes the provision of any such services for them.

(12)In this section “career” has the same meaning as in section 43.

45 Provision of careers information at schools and other institutions.E+W

(1)Persons attending an educational institution to which this section applies must be provided with access to both—

(a)guidance materials, and

(b)a wide range of up-to-date reference materials,

relating to careers education and career opportunities.

(2)This section applies to—

(a)the schools listed in section 43(2)(a) to (d); and

(b)institutions within the further education sector

[F125and, in the case of any such school in England, the reference in subsection (1) to persons attending it is a reference to persons who are registered pupils there.]

[F126(2A)Subsection (2B) applies where registered pupils at a school in England falling within section 43(2)(a) or (c) are provided, in pursuance of subsection (1), with access to materials of the kinds mentioned in that subsection.

(2B)The materials, taken as a whole, must present the pupils with (so far as relevant to them) a full range of—

(a)options available in respect of 16-18 education or training, and

(b)other options available to them (at any age) in terms of career opportunities,

and must not unduly promote any particular options over any others.]

(3)It is the duty of each of the following to secure that subsection (1) [F127(and, where applicable, subsection (2B))] is complied with, namely—

(a)in the case of a school falling within section 43(2)(a) to (c) or an institution within the further education sector, the governing body of the school or institution and its head teacher, principal or other head, and

(b)in the case of a school falling within section 43(2)(d), the proprietors of the school and its head teacher;

and section 43(4) shall apply in relation to that duty as it applies in relation to the duty imposed by section 43(3).

(4)The persons who under subsection (3) above are responsible for discharging that duty in relation to an institution shall seek assistance with discharging it from a body providing services in pursuance of arrangements made or directions given under section 10 of the M4Employment and Training Act 1973.

(5)In this section “career” [F128“careers education” and “16-18 education or training”] have the same meaning as in section 43.

(6)Nothing in this section applies to any primary school.

[F12945AGuidance as to discharge of dutiesU.K.

(1)The persons responsible for discharging a relevant duty in relation to a school in England falling within section 43(2)(a), (c) or (e) must, in discharging the duty, have regard to any guidance given from time to time by the Secretary of State.

(2)A “relevant duty” means a duty under any of sections 43(3), 44(9) and 45(3).]

[F13045BProvision of curriculum informationE+W

(1)Subject to subsections (2) and (3), a service provider may demand from a person mentioned in subsection (6) such curriculum information as is specified in the demand.

(2)A service provider must not demand any curriculum information unless the provider reasonably considers that the information would assist it in providing its services.

(3)A service provider must not demand any curriculum information which identifies, or allows to be identified, any pupil or student.

(4)A person mentioned in subsection (6) must comply with a demand made under subsection (1) by providing the service provider with the information demanded.

(5)A service provider may publish in whatever form it sees fit any curriculum information provided under subsection (4).

(6)The persons referred to in subsection (1) are—

(a)the governing body and head teacher of a school in Wales falling within section 43(2)(a); and

(b)the governing body and principal of an institution within the further education sector in Wales.

(7)In this section—

• “curriculum information” means—

  (a)

  in relation to a school mentioned in subsection (6)(a), information about the curriculum for registered pupils at the school during the relevant phase of their education; and

  (b)

  in relation to an institution within the further education sector, information about the courses of study and other education and training available at the institution;

• “pupil” means, in relation to a school mentioned in subsection (6)(a), a person receiving education at the school;

• “relevant phase” has the same meaning as in section 43(5);

• “service provider” means a person providing services in pursuance of arrangements made with, or directions given by, the Welsh Ministers under section 10 of the Employment and Training Act 1973, and “services” shall be construed accordingly; and

• “student” means, in relation to an institution within the further education sector, a person receiving education at the institution.]

46 Extension or modification of provisions of ss. 43 to 45.E+W

(1)The Secretary of State may by regulations extend the scope of operation of section 43 or section 44 by substituting for the period specified in section 43(5) or section 44(10)(a)(i) such other period as is specified.

(2)The Secretary of State may by regulations make provision for extending the scope of operation of section 43, 44 or 45 to primary schools or to any specified description of such schools.

(3)The Secretary of State may by regulations make provision for requiring—

(a)the governing bodies of institutions within the further education sector, and

(b)the principals or other heads of such institutions,

to secure that a programme of careers education is provided for any specified description of persons attending such institutions.

(4)The Secretary of State may by regulations amend the definition of “careers adviser” set out in section 44(11)(a).

(5)In this section—

• “careers education” has the same meaning as in section 43;

• “specified” means specified in the regulations in question.

Part VIIIU.K. Miscellaneous and general

Exceptional educational provisionU.K.

47 Functions of [F93local authorities] as regards exceptional educational provision.E+W

(1)Section 19 of the M5Education Act 1996 (exceptional provision of education in pupil referral units or elsewhere) shall be amended as follows.

(2)In subsection (1) (duty of [F17local authority] to make arrangements for provision of suitable full-time or part-time education, at school or otherwise, for excluded children etc.), the words “full-time or part-time” shall be omitted.

(3)In subsection (4) (power of [F17local authority] to make arrangements for provision of suitable full-time or part-time education, otherwise than at school, for excluded young persons etc.), the words “full-time or part-time” shall be omitted.

(4)After that subsection there shall be inserted—

“(4A)In determining what arrangements to make under subsection (1) or (4) in the case of any child or young person a [F17local authority] shall have regard to any guidance given from time to time by the Secretary of State.”

Management committees for pupil referral unitsU.K.

48 Management committees for pupil referral units.E+W

At the end of Schedule 1 to the Education Act 1996 (pupil referral units) there shall be added—

15(1)Regulations may make provision—

(a)for requiring any [F17local authority] who maintain a pupil referral unit to establish a committee to act as the management committee for the unit; and

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

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

(a)for enabling a [F17local authority] to establish a joint committee to act as the management committee for two or more pupil referral units maintained by the authority;

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

(c)as to the composition of a management committee established under the regulations and—

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

(ii)their terms of office,

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

(d)for requiring or (as the case may be) prohibiting the delegation by a [F17local authority] to a management committee of such functions in connection with pupil referral units as are specified in the regulations;

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

(f)for enabling (subject to any provisions of the regulations) a [F17local authority] or a management committee to determine to any extent the committee’s procedure and that of any sub-committee;

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

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

(i)any provision of the Education Acts, or

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

Teachers not under contract of employment and persons having access to those under 19U.K.

F13149 Power to make regulations: teachers not under contract of employment and persons having access to those under 19.E+W

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

Costs of teachers’ premature retirementU.K.

F13250. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Definition of “school”U.K.

51 Definition of “school”.E+W

In section 4 of the Education Act 1996 (definition of “school”), for subsection (1) there shall be substituted—

“(1)In this Act “school” means an educational institution which is outside the further education sector and the higher education sector and is an institution for providing—

(a)primary education,

(b)secondary education, or

(c)both primary and secondary education,

whether or not the institution also provides part-time education suitable to the requirements of junior pupils or further education.”

Compulsory school ageU.K.

52 Commencement of compulsory school age.E+W

(1)Section 8 of the M6Education Act 1996 (compulsory school age) shall be amended in accordance with subsections (2) and (3).

(2)For subsection (2) there shall be substituted—

“(2)A person begins to be of compulsory school age—

(a)when he attains the age of five, if he attains that age on a prescribed day, and

(b)otherwise at the beginning of the prescribed day next following his attaining that age.”

(3)For subsection (4) there shall be substituted—

“(4)The Secretary of State may by order—

(a)provide that such days in the year as are specified in the order shall be, for each calendar year, prescribed days for the purposes of subsection (2);

(b)determine the day in any calendar year which is to be the school leaving date for that year.”

F133(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F133(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

General provisionsE+W+N.I.

53 Stamp duty.E+W+N.I.

(1)Subject to subsection (2), stamp duty shall not be chargeable in respect of any transfer effected by virtue of section 30 or 34.

(2)No instrument (other than a statutory instrument) made or executed in pursuance of either of the provisions mentioned in subsection (1) shall be treated as duly stamped unless it is stamped with the duty to which it would, but for this section (and, if applicable, section 129 of the M7Finance Act 1982), be liable or it has, in accordance with the provisions of section 12 of the M8Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it has been duly stamped.

[F13453A.Stamp duty land taxE+W+N.I.

(1)For the purposes of stamp duty land tax, a land transaction effected by virtue of section 30 is exempt from charge.

(2)Relief under this section must be claimed in a land transaction return or an amendment of such a return.

(3)In this paragraph—

• “land transaction” has the meaning given by section 43(1) of the Finance Act 2003;

• “land transaction return” has the meaning given by section 76(1) of that Act.]

54 Orders and regulations.E+W+N.I.

(1)Any power of the Secretary of State to make orders or regulations under this ActF135... shall be exercised by statutory instrument.

(2)A statutory instrument containing any order or regulations under this Act, except an order under section 58, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3)Any order or 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.

(4)Without prejudice to the generality of subsection (3), any order or regulations under this Act may make in relation to Wales provision different from that made in relation to England.

55 Financial provisions.E+W

There shall be paid out of money provided by Parliament—

(a)any sums required for the payment by the Secretary of State of grants under this Act;

(b)any administrative expenses incurred by the Secretary of State in consequence of this Act; and

(c)any increase attributable to this Act in the sums so payable under any other Act.

56 Construction.E+W

(1)In this Act—

• “prescribed” means prescribed by regulations; and

• “regulations” means regulations made by the Secretary of State under this Act.

(2)This Act shall be construed as one with the M9Education Act 1996.

(3)Where, however, an expression is given for the purposes of any provision of this Act a meaning different from that given to it for the purposes of that Act, the meaning given for the purposes of that provision shall apply instead of the one given for the purposes of that Act.

57 Minor and consequential amendments, repeals etc.E+W

(1)The minor and consequential amendments set out in Schedule 7 shall have effect.

F136(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F137(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The enactments specified in Schedule 8 are repealed to the extent specified.

58 Short title, commencement and extent etc.E+W+N.I.

(1)This Act may be cited as the Education Act 1997.

(2)This Act shall be included in the list of Education Acts set out in section 578 of the M10Education Act 1996.

(3)Subject to subsection (4), this Act 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 following provisions come into force on the day on which this Act is passed—

• F138. . .

• section 54,

• paragraph 48(2) of Schedule 7 and section 57(1) so far as relating thereto, and

• this section.

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

(6)The following provisions extend to Northern Ireland—

• F139. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• sections [F14235],

• section 53,

• section 54,

• this section,

• F143. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)The amendment or repeal by this Act of an enactment extending to Scotland or Northern Ireland extends also to Scotland or, as the case may be, Northern Ireland.

SCHEDULES

F144SCHEDULE 1E+W

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

F145SCHEDULE 2E+W

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

F146SCHEDULE 3E+W

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

Section 21.

F147SCHEDULE 4E+W+N.I. The Qualifications and Curriculum Authority

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

Section 27.

F148SCHEDULE 5E+W The Qualifications, Curriculum and Assessment Authority for Wales

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

Section 42.

F149SCHEDULE 6E+W School inspections

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

Section 57(1).

SCHEDULE 7U.K. Minor and consequential amendments

Public Records Act 1958 (c. 51)U.K.

F1501E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F151. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

F1512E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Superannuation Act 1972 (c. 11)U.K.

3(1)In Schedule 1 to the Superannuation Act 1972, in the list of Other Bodies (bodies in respect of which there are superannuation schemes)—U.K.

(a)omit the entries relating to the Curriculum and Assessment Authority for Wales and the School Curriculum and Assessment Authority; F152...

F152(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)Section 1 of that Act (persons to or in respect of whom benefits may be provided by schemes under that section) shall apply to persons who at any time before the coming into force of section 21 of this Act have ceased to serve in employment with the National Council for Vocational Qualifications.

House of Commons Disqualification Act 1975 (c. 24)U.K.

4(1)Part III of Schedule 1 to the House of Commons Disqualification Act 1975 (disqualifying offices) shall be amended as follows.U.K.

(2)Omit the entries relating to the Curriculum and Assessment Authority for Wales and the School Curriculum and Assessment Authority.

F153(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Omit the entry relating to the National Council for Vocational Qualifications.

Local Government Finance Act 1982 (c. 32)E+W

F1545E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Finance Act 1991 (c. 31)U.K.

F1556E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Charities Act 1993 (c. 10)U.K.

7U.K.In Schedule 2 to the Charities Act 1993 (exempt charities)—

(a)for paragraph (da) substitute—

“(da)the Qualifications and Curriculum Authority;”; and

(b)for paragraph (f) substitute—

“(f)the Qualifications, Curriculum and Assessment Authority for Wales;”.

Nursery Education and Grant-Maintained Schools Act 1996 (c. 50)U.K.

F1568E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education Act 1996 (c. 56)E+W

9(1)Section 3 of the Education Act 1996 (definition of pupil etc.) shall be amended as follows.E+W

(2)At the end of subsection (1) insert—

“and references to pupils in the context of the admission of pupils to, or the exclusion of pupils from, a school are references to persons who following their admission will be, or (as the case may be) before their exclusion were, pupils as defined by this subsection.”

(3)F157. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10E+WIn section 4(2) of that Act (schools: general)—

(a)for “For” substitute “ Nothing in subsection (1) shall be taken to preclude the making of arrangements under section 19(1) (exceptional educational provision) under which part-time education is to be provided at a school; and for ”; and

(b)omit “(pupil referral units)”.

11E+WIn section 6(1) of that Act (nursery schools), for “the age of five” substitute “ compulsory school age ”.

12E+WIn section 14(4) of that Act (functions of [F17local authority] in respect of provision of primary and secondary schools), for “the age of five” substitute “ compulsory school age ”.

13E+WIn section 17(2) of that Act (powers of [F17local authority] in respect of nursery education), for “the age of five”, in both places, substitute “ compulsory school age ”.

F15814E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15915E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16016E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16117E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16218E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16319E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16420E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16521E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16622E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

23E+WIn section 312(2)(c) of that Act (meaning of “learning difficulty” for the purposes of the Act)—

(a)for “the age of five” substitute “ compulsory school age ”, and

(b)omit “or over”.

24E+WIn section 332(1) of that Act (duty of Health Authority or National Health Service Trust to notify parent where child has special educational needs), for “the age of five” substitute “ compulsory school age ”.

F16725E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26E+WOmit sections 358 to 361 of that Act (provisions about Curriculum Authorities).

27E+W

[F168In section 362(7) of that Act (development work and experiments)—

(a)for “the School Curriculum and Assessment Authority” substitute “ the Qualifications and Curriculum Authority ”; and

(b)for “the Curriculum and Assessment Authority for Wales” substitute “ the Qualifications, Curriculum and Assessment Authority for Wales ”.]

28E+W

[F169In section 368(10) of that Act (procedure for making certain orders and regulations)—

(a)for “the School Curriculum and Assessment Authority” substitute “ the Qualifications and Curriculum Authority ”; and

(b)for “the Curriculum and Assessment Authority for Wales” substitute “ the Qualifications, Curriculum and Assessment Authority for Wales ”.]

29E+WIn section 391(10) of that Act (functions of advisory councils)—

F170(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)for “the Curriculum and Assessment Authority for Wales” substitute “ the Qualifications, Curriculum and Assessment Authority for Wales ”.

30E+WIn section 408 of that Act (provision of information)—

(a)in subsection (1)(a), after “this Part” insert “ or Part V of the Education Act 1997 ”; and

(b)in subsection (4)(f), omit “, 400, 401”.

F17131E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17232E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17333E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17434E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17535E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17636E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37E+WIn section 537(4) of that Act (power of Secretary of State to require information from governing bodies etc.), at the end add “ ; and regulations under this section may provide that, in such circumstances as may be prescribed, the provision of information to a person other than the Secretary of State is to be treated, for the purposes of any provision of such regulations or this section, as compliance with any requirement of such regulations relating to the provision of information to the Secretary of State. ”

38E+WFor the cross-heading “CORPORAL PUNISHMENT” preceding section 548 of that Act substitute—

“ PUNISHMENT AND RESTRAINT OF PUPILSE+W

Corporal punishment”.E+W

39E+WIn section 551 of that Act (regulations as to the duration of the school day, etc.), after subsection (1) insert—

“(1A)In subsection (1) the reference to the duration of the school year at any such schools is a reference to the number of school sessions that must be held during any such year.”

F17740E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41E+WIn section 571 of that Act (publication of guidance)—

(a)in subsection (1) for “of the provisions mentioned in subsection (2) below” substitute “ provision of this Act ”; and

(b)omit subsection (2).

42E+WAt the end of section 578 of that Act (“the Education Acts”) add—

“the Education Act 1997.”

43E+WIn section 579(1) of that Act (general interpretation), after the definition of “school day” insert—

• ““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;”.

44E+WIn section 580 of that Act (the index) at the appropriate places insert—

(in the entry relating to “child”)

F17845E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17946E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18047E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18148E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18249E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18350E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

School Inspections Act 1996 (c. 57)E+W

F18451E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 57(4).

SCHEDULE 8U.K. Repeals