Part IE+W CENTRAL ADMINISTRATION

1†Appointment of Minister in charge of education and establishment of Ministry of Education.E+W

F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F2(2) The Secretary of State for Education and Science shall for all purposes be a corporation sole under the name of Secretary of State for Education and Science.]

(3), (4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

2 Transfer of property and functions to Minister and construction of Acts and documents.E+W

(1)All property which, immediately before the date declared by His Majesty in Council to be the date on which the first appointment under this Act of a Minister of Education took effect, was held by the Board of Education constituted under the M1Board of Education Act 1899 and all functions exercisable by that Board or the President thereof immediately before that date, and all rights and liabilities, whether vested or contingent, to which that Board or the President thereof were entitled or subject immediately before that date, shall, by virtue of this Act, be transferred to the Minister; and, except where the context otherwise requires, references in any enactment or other document to the Board of Education, the President of the Board of Education, the Education Department, or the Department of Science and Art shall be construed as references to the Minister, or, where the case so requires, as references to the Ministry of Education.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

3†Seal and acts of Minister.E+W

(1)[F5The Secretary of State for Education and Science] shall have an official seal which shall be authenticated by the signature of [F5the Secretary of State for Education and Science] or of a secretary to [F5the Department of the Secretary of State] or of any person authorised by [F5the Secretary of State for the Education and Science] to authenticate the seal.

(2)The seal of [F5the Secretary of State for Education and Science] shall be officially and judicially noticed, and every document purporting to be an instrument made or issued by [F5the Secretary of State for Education and Science] and either to be sealed with the seal of [F5the Secretary of State for Education and Science] authenticated in the manner provided by this section, or to be signed by a secretary to [F5the Department of the Secretary of State] or by any other officer of [F5the Department of the Secretary of State] authorised to sign it, shall in any legal proceedings be deemed to be so made or issued without further proof, unless the contrary is shown.

(3)A certificate signed by [F5the Secretary of State for Education and Science] certifying that any instrument purporting to be made or issued by him was so made or issued shall be conclusive evidence of the fact certified.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

4 F7. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

5 F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Part IIE+W THE STATUTORY SYSTEM OF EDUCATION

Local AdministrationE+W

6 Local education authorities.E+W

(1)F9. . ., the local education authority for each county shall be the council of the county, and the local education authority for each county borough shall be the council of the county borough.

F10(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)All property which immediately before the date of the commencement of this Part of this Act was held by the council of any county district solely or mainly for the purposes of any functions exercisable by them under the Education Acts 1921 to 1939, and all rights and liabilities, whether vested or contingent, to which any such council were entitled or subject immediately before the said date by reason of the exercise of such functions shall, save as may be otherwise directed by the Minister under the powers conferred on him by this Act, be transferred by virtue of this section to the local education authority for the county in which the county district is situated.

(4)All officers who immediately before the said date were employed by the council of any county district solely or mainly for the purposes of any such functions as aforesaid shall by virtue of this section be transferred to and become officers of the local education authority for the county in which the county district is situated, and shall be employed by that authority upon the terms and conditions upon which they were employed by the council of the county district immediately before that date.

The Three Stages of the SystemE+W

7 Stages and purposes of statutory system of education. E+W

The statutory system of public education shall be organised in three progressive stages to be known as primary education, secondary education, and further education; and it shall be the duty of the local education authority for every area, so far as their powers extend, to contribute towards the spiritual, moral, mental, and physical development of the community by securing that efficient education throughout those stages shall be available to meet the needs of the population of their area.

Primary and Secondary EducationE+W

Provision and Maintenance of Primary and Secondary SchoolsE+W

8 Duty of local education authorities to secure provision of primary and secondary schools. E+W

(1)It shall be the duty of every local education authority to secure that there shall be available for their area sufficient schools—

(a)for providing [F11primary education, that is to say, full-time education suitable to the requirements of junior pupils who have not attained the age of ten years and six months, and full-time education suitable to the requirements of junior pupils who have attained that age and whom it is expedient to educate together with junior pupils who have not attained that age]; and

[F12(b)for providing full-time education suitable to the requirements of pupils of compulsory school age, being either senior pupils or junior pupils who have attained the age of ten years and six months and whom it is expedient to educate together with senior pupils of compulsory school age.]

and the schools available for an area shall not be deemed to be sufficient unless they are sufficient in number, character, and equipment to afford for all pupils opportunities for education offering such variety of instruction and training as may be desirable in view of their different ages, abilities, and aptitudes, and of the different periods for which they may be expected to remain at school, including practical instruction and training appropriate to their respective needs.

[F13(1A)A local education authority shall have power to secure the provision for their area of full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of nineteen years, including provision for persons from other areas.]

(2)In [F14exercising their functions] under this section, a local education authority shall, in particular, have regard—

(a)to the need for securing that primary and secondary education are provided in separate schools;

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

[F16(c)to the need for securing that special educational provision is made for pupils who have special educational needs; and]

(d)to the expediency of securing the provision of boarding accomodation, either in boarding schools or otherwise, for pupils for whom education as boarders is considered by their parents and by the authority to be desirable:

Provided that paragraph (a) of this subsection shall not have effect with respect to special schools.

F17(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

9 County schools, voluntary schools, nursery schools, and special schools.E+W

(1)For the purpose of fulfilling their [F18functions] under this Act, a local education authority shall have power to establish primary and secondary schools, to maintain such schools whether established by them or otherwise, and . . . F19 to assist any such school which is not maintained by them.

(2)Primary and secondary schools maintained by a local education authority, not being nursery schools or special schools, shall, if established by a local education authority or by a former authority, be known as county schools and, if established otherwise than by such an authority, be known as voluntary schools:

(3)Subject to the provisions hereinafter contained as to the discontinuance of voluntary schools, every school which immediately before the commencement of this Part of this Act was, within the meaning of the enactments repealed by this Act, a public elementary school provided otherwise than by a former authority shall, if it was then maintained by a former authority, be maintained as a voluntary school by the local education authority for the area in which the school is situated.

(4)Primary schools which are used mainly for the purpose of providing education for children who have attained the age of two years but have not attained the age of five years shall be known as nursery schools.

F20(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The powers conferred by subsection (1) of this section on local education authorities shall be construed as including power to establish maintain and assist schools outside as well as inside their areas.

[F21(7)The powers conferred by subsection (1) of this section shall not extend to establishing a school to provide—

(a)part-time education suitable to the requirements of persons of any age over compulsory school age; or

(b)full-time education suitable to the requirements of persons who have attained the age of nineteen years]

10 Requirements as to school premises.E+W

(1)The [F22Secretary of State for Education and Science] shall make regulations prescribing the standards to which the premises of schools maintained by local education authorities [F23and of grant-maintained schools] are to conform, and such regulations may prescribe different standards for such descriptions of schools as may be specified in the regulations.

(2)Subject as hereinafter provided, it shall be the duty of a local education authority to secure that the premises of every school maintained by them [F24or, in the case of a grant-maintained school, the duty of the governing body of the school to secure that the premises of the school] conform to the standards prescribed for schools of the description to which the school belongs:

(a)that having regard to the nature of the existing site or to any existing buildings thereon or to other special circumstances affecting the school premises it would be unreasonable to require conformity with a requirement of the regulations as to any matter, or

(b)where the school is to have an additional or new site that, having regard to shortage of suitable sites it would be unreasonable to require conformity with a requirement of the regulations relating to sites, or

(c)where the school is to have additional buildings or is to be transferred to a new site, and existing buildings not theretofore part of the school premises, or temporary buildings, are to be used for that purpose, that [F26having regard to the need to control public expenditure in the interests of the national economy] it would be unreasonable to require conformity with a requirement of the regulations relating to buildings,

he may give a direction that, notwithstanding that that requirement is not satisfied, the school premises shall, whilst the direction remains in force, be deemed to conform to the prescribed standards as respects matters with which the direction deals if such conditions, if any, as may be specified in the direction as respects those matters are observed.]

11, 12. F27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

13 F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

14 Restrictions on discontinuance of voluntary schools by managers and governors. E+W

(1)Subject to the provisions of this section, the . . . F29 governors of a voluntary school shall not discontinue the school except after serving on the [F30Secretary of State for Education and Science] and on the local education authority by whom the school is maintained not less than two years’ notice of their intention to do so:

If the [F30Secretary of State for Education and Science] grants such leave, he may impose such requirements as he thinks just—

(a)in regard to the repayment of the whole or any part of the amount of the expenditure so incurred by the [F30Secretary of State for Education and Science];

(b)where the [F30Secretary of State for Education and Science] is satisfied that the local education authority will require for any purpose connected with education, any premises which are for the time being used for the purposes of the school in regard to the conveyance of those premises to the authority;

(c)in regard to the payment by the local education authority of such part of the value of any premises so conveyed as is just having regard to the extent to which those premises were provided otherwise than at the expense of the authority of a former authority;

(d)where any premises for the time being used for the purposes of the school are not to be so conveyed in regard to the payment to the authority by the . . . F29 governors of the school of such part of the value of those premises as is just having regard to the extent to which they were provided at the expense of the authority or a former authority.]

(2)No such notice as aforesaid shall be withdrawn except with the consent of the local education authority.

(3)If, while any such notice as aforesaid is in force with respect to a voluntary school, the . . . F29 governors of the school inform the local education authority that they are unable or unwilling to carry on the school until the expiration of the notice, the authority may conduct the school during the whole or any part of the unexpired period of the notice as if it were a county school, and shall be entitled to the use of the school premises, free of charge, for that purpose.

(4)While any school is being conducted by a local education authority as a county school under the last foregoing subsection, the authority shall keep the school premises in good repair, and, for all purposes relating to the condition of the school premises, the occupation and use thereof, and the making of alterations thereto, any interest in the said premises which is held for the purposes of the school shall be deemed to be vested in the authority:

(5)Where any school is discontinued in accordance with the provisions of this section, the duty of the local education authority to maintain the school as a voluntary school shall be extinguished.

15 Classification of voluntary schools as controlled schools, aided schools, or special agreement schools.E+W

(1)Voluntary schools shall be of three categories, that is to say, controlled schools, aided schools, and special agreement schools, and in schools of those several categories the management of the school, the secular instruction and religious education, and the appointment and dismissal of teachers, shall be regulated in accordance with the provisions hereinafter contained relating to those matters in controlled schools aided schools and special agreement schools respectively.

(2)Upon application being duly made to him with respect to any voluntary school, the [F32Secretary of State for Education and Science] may by order direct that the school shall be a controlled school an aided school or a special agreement school, and where he is satisfied that the . . . F33 or governors of the school will be able and willing, with the assistance of [F34grants under section 281 of the Education Act 1993], to defray the expenses which would fall to be borne by them under paragraph (a) of the next following subsection, the order shall direct that the school shall be an aided school, or, in the case of a school with respect to which a special agreement has been made under the Third Schedule to this Act, a special agreement school:

(3)The . . . F33 governors of a controlled school shall not be responsible for any of the expenses of maintaining the school, but the following provisions shall have effect with respect to the maintenance of aided schools and special agreement schools:

(a)the following expenses shall be payable by the . . . F33 governors of the school, that is to say, the expenses of discharging any liability incurred by them or on their behalf or by or on behalf of any former . . . F33 governors of the school or any trustees thereof [F37in connection with the provision of premises or equipment for the purposes of the school]; any expenses incurred in effecting such alterations to the school buildings as may be required by the local education authority for the purpose of securing that the school premises should conform to the prescribed standards, and any expenses incurred in effecting repairs to the [F37school buildings] not being repairs which are excluded from their responsibility by the following paragraph:

[F38(b)the . . . F33 governors of the school shall not be responsible for repairs to the interior of the school buildings, or for repairs to those buildings necessary in consequence of the use of the school premises, in pursuance of any direction or requirement of the authority, for purposes other than those of the school.]

(4)If at any time the . . . F33 governors of an aided school or a special agreement school are unable or unwilling to carry out their obligations under paragraph (a) of the last foregoing subsection, it shall be their duty to apply to the [F32Secretary of State for Education and Science] for an order revoking the order by virtue of which the school is an aided school or a special agreement school, and upon such an application being made to him the [F32Secretrary of State for Education and Science] shall revoke the order.

[F39(4A)For the purposes of subsection (4) of this section, the governors of an aided school or a special agreement school shall not be regarded as unable to carry out their obligations under subsection (3)(a) of this section if they are able to carry them out with the benefit of assistance under section 282(1) of the Education Act 1993 (power of local education authority to give assistance).]

(5)If at any time the [Secretary of State for Education and Science] is satisfied that the grant made in respect of a special agreement school in pursuance of the special agreement made with respect to the school under this Act has been repaid to the local education authority by which the school is maintained, the [Secretary of State for Education and Science] shall, upon application being made to him for that purpose by the . . . F33 governors of the school, by order revoke the order by virtue of which the school is a special agreement school and, if satisfied that the . . . F33 governors of the school will be able and willing, with the assistance of [F34grants under section 281 of the Education Act 1993], to defray the expenses which would fall to be borne by them under paragraph (a) of subsection (3) of this section, shall by order direct that the school shall be an aided school.

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F40

16 Transfer of county and voluntary schools to new sites, and substitution of new voluntary schools for old ones.E+W

(1)Where the [F41Secretary of State for Education and Science] is satisfied that it is expedient that F42. . . any voluntary school should be transferred to a new site either because it is not reasonably practicable to make to the existing premises of the school the alterations necessary for securing that they should conform to the prescribed standards, or in consequence of any movement of population or of any action taken or proposed to be taken under the enactments relating to housing or to town and country planning, the [F41Secretary of State for Education and Science] may by order authorise the transfer of the school to the new site;and a voluntary school shall not be transferred to a new site F42. . ..

(2)Where in connection with any proposals submitted to the [F41Secretary of State for Education and Science] under [F43section 13 of the Education Act 1980] it is claimed that any school or schools thereby proposed to be established should be maintained by the local education authority as a voluntary school in substitution for another school at the time being maintained by a local education authority as a voluntary school or for two or more such schools which is or are to be discontinued, then, if the [F41Secretary of State for Education and Science] is satisfied that the school or schools proposed to be established will be so maintained, he may, if he approves the proposals with or without modifications, by order direct that the school or schools proposed to be established shall be established in substitution for the school or schools to be discontinued, and where such an order is made, the provisions of this Act relating to the discontinuance of voluntary schools shall not apply with respect to the discontinuance of the school or schools to be discontinued.

(3)Before making any order under this section, the [F41Secretary of State for Education and Science] shall consult any local education authority which will, in his opinion, be affected by the making of the order, and the . . . governors of any voluntary school which in his opinion will be so affected; and any such order may impose such conditions on any such local education authority or . . . governors and may contain such incidental and consequential provisions as the [F41Secretary of State for Education and Science] thinks fit.

Management of Primary Schools and Government of Secondary SchoolsE+W

17—21. F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

22 Powers of local education authority as to use and care of premises of voluntary schools.E+W

(1)[F45The governing body] of a controlled school shall be entitled to determine the use to which the school premises or any part thereof shall be put on Saturdays, except when required to be used on Saturdays for the purposes of the school or for any purpose connected with education or with the welfare of the young for which the local education authority desire to provide accommodation on the premises or on that part thereof, and the F46 . . . foundation governors shall be entitled to determine the use to which the school premises or any part thereof shall be put on Sundays, but save as aforesaid the local education authority may give such directions as to the occupation and use of the school premises of a controlled school as they think fit.

(2)If the local education authority desire to provide accommodation for any purpose connected with education or with the welfare of the young and are satisfied that there is no suitable alternative accommodation in their area for that purpose, they may direct [F45the governing body] of any aided school or special agreement school to provide free of charge accommodation for that purpose on the school premises or any part thereof on any week-day when not required for the purposes of the school, so, however, that [F45the governing body] shall not be directed to provide such accommodation on more than three days in any week.

(3)Subject to any directions given by a local education authority under the foregoing provisions of this section and to the requirements of any enactment other than this Act or the regulations made thereunder, the occupation and use of the school premises of any voluntary school shall be under the control of [F45the governing body] thereof [F47except to the extent provided by any transfer of control agreement into which they may enter under subsection (3A) of this section.].

[F48(3A)Subject to subsection (3B) below the governing body of any voluntary school shall have power to enter into a transfer of control agreement with any body or person if their purpose, or one of their purposes, in doing so is to promote community use of the whole or any part of the school premises; and—

(a)they may do so notwithstanding that the trust deed for the school would, apart from this subsection, expressly or impliedly preclude them from entering into such an agreement with that body or person or from conferring control on the controlling body in question; but

(b)they shall not enter into a transfer of control agreement unless the use to which the premises may be put under the agreement is in all other respects in conformity with any such requirements, prohibitions or restrictions imposed by the trust deed as would obtain if control were being exercised by the governing body.

(3B)The governing body shall not enter into any transfer of control agreement which makes or includes provision for the use of the whole or any part of the school premises during school hours unless they have first obtained the local education authority’s consent to the agreement in so far as it makes such provision.

(3C)A transfer of control agreement shall be taken to include the following terms, namely—

(a)that the governing body shall notify the controlling body of—

(i)any directions given to the governing body by virtue of subsection (1) or (2) of this section; and

(ii)any determination made by the foundation governors under subsection (1) of this section;

(b)that the controlling body, in exercising control of the use of any premises subject to the agreement—

(i)shall do so in accordance with any directions or determinations from time to time notified to that body in pursuance of paragraph (a) of this subsection; and

(ii)shall have regard to the desirability of the premises being made available for community use; and

(c)that, if reasonable notice is given in writing by the governing body to the controlling body that such of the premises subject to the agreement as may be specified in the notice are reasonably required for use by or in connection with the school at such times as may be so specified, then—

(i)the use of the specified premises at those times shall be under the control of the governing body; and

(ii)accordingly, those premises may be used at those times by or in connection with the school for such purposes as may be specified in the notice,

notwithstanding that their use at those times would, apart from this paragraph, be under the control of the controlling body.

(3D)Where a transfer of control agreement makes express provision for the use of any school premises which are subject to the agreement to be occasionally under the control of the governing body, instead of the controlling body, in such circumstances, at such times or for such purposes as may be provided by or under the agreement, paragraph (c) of subsection (3C) above shall not have effect in relation to that agreement if, at the time of entering into it, the governing body were of the opinion that the express provision would be more favourable to the interests of the school than the term that would otherwise be included by virtue of that paragraph.

(3E)Where the governing body enter into a transfer of control agreement, they shall so far as reasonably practicable secure that the controlling body exercises control in accordance with any such directions or determinations as are notified to that body in pursuance of subsection (3C)(a) of this section.]

[F49(4)The local education authority may give directions to [F45the governing body] of any aided school as to the number and conditions of service of persons employed at the school for the purposes of the care and maintenance of the school premises.]

[F50(5)Where the trust deed for a voluntary school provides for any person other than the governing body to be entitled to control the occupation and use of the school premises to any extent, then, if and to the extent that, disregarding any transfer of control agreement, the use of those premises is or would be under the control of such a person, this section shall have effect in relation to the school with the substitution for references to the governing body of references to that person.]

[F51(6)In this section—

• “community use” means the use of school premises (when not required by or in connection with the school) by members of the local community;

• “the controlling body” means the body or person (other than the governing body) which has control of the use of the whole or any part of the school premises under the transfer of control agreement in question;

• “school hours” means any time during a school session or during a break between sessions on the same day;

• “school session”, in relation to any school, means a school session beginning and ending at such times as may from time to time be determined for that school in accordance with section 21 of the Education (No. 2) Act 1986; and

• “transfer of control agreement” means an agreement which, subject to subsection (3C) of this section, provides for the use of so much of the school premises as may be specified in the agreement to be under the control, at such times as may be so specified, of such body or person as may be so specified.]

Secular Instruction and Appointment and Dismissal of Teachers in County and Voluntary Schools.E+W

23 F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

24 Appointment and dismissal of teachers in county schools and in voluntary schools. E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F53

(2)In every aided school the respective functions of the local education authority and of the . . . F54 governors of the school with respect to the appointment of teachers, and, subject to the provisions hereinafter contained as to religious education, with respect to the dismissal of teachers, shall be regulated by the . . . F54 or articles of government for the school:

(a)shall make provision for the appointment of the teachers by the . . . F54 governors of the school, for enabling the local education authority to determine the number of teachers to be employed, and for enabling the authority, except for reasons for which the . . . F54 governors are expressly empowered by this Act to dismiss teachers without such consent, to prohibit the dismissal of teachers without the consent of the authority and to require the dismissal of any teacher; and

(b)may make such provision as may be agreed between the local education authority and the . . . F54 governors of the school, or in default of such agreement as may be determined by the [F55Secretary of State for Education and Science], for enabling the authority to prohibit the appointment, without the consent of the authority, of teachers to be employed for giving secular instruction, and for enabling the authority to give directions as to the educational qualifications of the teachers to be so employed.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56

Religious Education in County and Voluntary SchoolsE+W

25 F57. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

[F5826 Special provisions as to religious education in county schools.E+W

(1)In the case of a county school the provision for religious education for pupils at the school which is required by section 2(1)(a) of the Education Reform Act 1988 to be included in the school’s basic curriculum shall be provision for religious education in accordance with an agreed syllabus adopted for the school or for those pupils.

(2)No such syllabus shall provide for religious education to be given to pupils at such a school by means of any catechism or formularly which is distinctive of any particular religous denomination; but this provision is not to be taken as prohibiting provision in such a syllabus for the study of such catechisms or formularies.

(3)Subsection (4) below applies where a county secondary school is so situated that arrangements cannot conveniently be made for the withdrawal of pupils from the school in accordance with section 9 of that Act to receive religious education elsewhere.

(4)If in any such case the local education authority are satisfied—

(a)that the parents of pupils in attendance at the school desire them to receive religious education in the school in accordance with the tenets of a particular [F59religion or] religious denomination; and

(b)that satisfactory arrangements have been made for the provision of such education to those pupils in the school, and for securing that the cost of providing such education to those pupils in the school will not fall upon the authority;

the authority shall, unless they are satisfied that owing to any special circumstances it would be unreasonable to do so, provide facilities for the carrying out of those arrangements.]

27 Special provisions as to religious education in controlled schools.E+W

(1)Where the parents of any pupils in attendance at a controlled school request that they may receive religious [F60education] in accordance with the provisions of the trust deed relating to the school, or where provision for that purpose is not made by such a deed in accordance with the practice observed in the school before it became a controlled school, the foundation . . . F61 foundation governors shall, unless they are satisfied that owing to special circumstances it would be unreasonable so to do, make arrangements for securing that such religious [F60education] is given to those pupils at the school during not more than two periods in each week.

(2)Without prejudice to the duty to make such arrangements as aforesaid whatever the number of the teaching staff of the school, where the number of the teaching staff of a controlled school exceeds two the teaching staff shall include persons (hereinafter referred to as “reserved teachers”) selected for their fitness and competence to give such religious [F60education] as is required to be given under such arrangements and specifically appointed to do so:

(3)The head teacher of a controlled school shall not, while holding that position, be a reserved teacher . . . F62.

(4)Where the local education authority propose to appoint any person to be a reserved teacher in a controlled school, the authority shall consult the foundation . . . F61 foundation governors of the school, and, unless the said . . . F61 governors are satisfied as to that person’s fitness and competence to give such religious [F60education] as is required in pursuance of such arrangements as aforesaid the authority shall not appoint that person to be a reserved teacher.

(5)If the . . . F61 foundation governors of a controlled school are of opinion that any reserved teacher has failed to give such religious [F60education] as aforesaid efficiently and suitably, they may require the authority to dismiss him from employment as a reserved teacher in the school.

[F63(6)In the case of a controlled school the provision for religious education for pupils at the school which is required by section 2(1)(a) of the Education Reform Act 1988 to be included in the school’s basic curriculum shall be provision for religious education-

(a)in accordance with any arrangements made under subsection (1) of this section; or

(b)subject to any such arrangements, in accordance with an agreed syllabus adopted for the school or for those pupils.]

28 Special provisions as to religious education in aided schools and in special agreement schools.E+W

[F64(1)In the case of an aided or special agreement school the provision for religious education for pupils at the school which is required by section 2(1)(a) of the Education Reform Act 1988 to be included in the school’s basic curriculum shall be provision for religious education-

(a)in accordance with any provision of the trust deed relating to the school or, where provision for that purpose is not made by such a deed, in accordance with the practice observed in the school before it became a voluntary school; or

(b)in accordance with any arrangements under this section.

(1A)Subject to subsection (1C) of this section, the religious education given to pupils at such a school shall be under the control of the governors of the school.

(1B)Where the parents of pupils in attendance at such a school—

(a)desire them to receive religious education in accordance with any agreed syllabus adopted by the local education authority; and

(b)cannot with reasonable convenience cause those pupils to attend any school at which that syllabus is in use;

then, unless the authority are satisfied that owing to any special circumstances it would be unreasonable to do so, arrangements shall be made for religious education in accordance with that syllabus to be given to those pupils in the school during the times set apart for the giving of religious education in the school in accordance with the provision for that purpose included in the school’s basic curriculum by virtue of section 2(1)(a) of that Act.

(1C)Those arrangements shall be made by the governors of the school, unless the local education authority are satisfied that the governors are unwilling to make the arrangements, in which case they shall be made by the authority.]

(2)If a teacher appointed to give in an aided school religious [F65education], other than [F65education] in accordance with an agreed syllabus, fails to give such [F65education] efficiently and suitably, he may be dismissed on that ground by the . . . F66 governors of the school without the consent of the local education authority.

(3)Where the special agreement made with respect to any special agreement school provides for the employment of reserved teachers, the local education authority shall, when they propose to appoint any person to be such a teacher in the school, consult the . . . F67 foundation governors of the school, and unless the said . . . F67 governors are satisfied as to that person’s fitness and competence to give such religious [F65education] as aforesaid, the authority shall not appoint that person to be such a teacher.

(4)If the . . . F67 foundation governors of a special agreement school are of opinion that any such reserved teacher as aforesaid has failed to give, efficiently and suitably, such religious [F65education] as he was appointed to give, they may require the authority to dismiss him from employment as a reserved teacher in the school.

29 Provisions as to religious instruction in accordance with agreed syllabus.E+W

(1)The provisions of the Fifth Schedule to this Act shall have effect with respect to the preparation, adoption, and reconsideration, of an agreed syllabus of religious [F68education].

(2)—(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F69

30 Saving as to position of teachers. E+W

Subject as hereinafter provided, no person shall be disqualified by reason of his religious opinions, or of his attending or omitting to attend religious worship, from being a teacher in a county school or in any voluntary school, or from being otherwise employed for the purposes of such a school; and no teacher in any such school shall be required to give religious [F70education] or receive any less emolument or be deprived of, or disqualified for, any promotion or other advantage by reason of the fact that he does or does not give religious [F70education] or by reason of his religious opinions or of his attending or omitting to attend religious worship:

Transitional Provisions as to County and Voluntary SchoolsE+W

31 Transitional provisions as to the separation of primary and secondary schools.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71

(2)Save as may be otherwise directed by the [F72Secretary of State for Education and Science], every county school and voluntary school which immediately before the commencement of this Part of this Act was used for providing primary education shall be managed and conducted as a primary school, every such school which was used for providing secondary education shall be managed and conducted as a secondary school, and every such school which was used for providing primary and secondary education indiscriminately shall be managed and conducted as if it were a primary school.

(3)If it appears to the [F72Secretary of State for Education and Science] to be expedient that any county school or voluntary school should be managed and conducted otherwise than in accordance with the provisions of the last foregoing subsection, he may direct that the school be managed and conducted as a primary school or as a secondary school as the case may be:

(4)Where it appears to a local education authority that the process of securing that primary and secondary education shall be provided in separate schools can be accelerated by the giving of a direction under this section, it shall be the duty of the authority to apply to the [F72Secretary of State for Education and Science] for such a direction.

32 F74. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

E+W

33, 34. F75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Compulsory Attendance at Primary and Secondary SchoolsE+W

35 Compulsory school age. E+W

In this Act the expression “compulsory school age” means any age between five years and [F76sixteen] years, and accordingly a person shall be deemed to be of compulsory school age if he has attained the age of five years and has not attained the age of [F76sixteen] years and a person shall be deemed to be over compulsory school age as soon as he has attained the age of [F76sixteen] years:

36 Duty of parents to secure the education of their children. E+W

It shall be the duty of the parent of every child of compulsory school age to cause him to receive efficient full-time education suitable to his age, ability, and aptitude [F77and to any special educational needs he may have], either by regular attendance at school or otherwise.

F7837. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

38 F79. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F8039. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F8140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

40A F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Further EducationE+W

[F8341Functions of local education authorities in respect of further education.E+W

(1)It shall be the duty of every local education authority to secure the provision for their area of adequate facilities for further education.

(2)Subsection (1) above does not apply to education to which section 2(1) or 3(1) of the Further and Higher Education Act 1992 applies, but in respect of education to which section 3(1) of that Act applies a local education authority may—

(a)secure the provision for their area of such facilities as appear to them to be appropriate for meeting the needs of the population of their area; and

(b)do anything which appears to them to be necessary or expedient for the purposes of or in connection with such provision.

(3)Subject to subsection (4) below and section 14(1) to (4) of the Further and Higher Education Act 1992, in this Act “further education” means—

(a)full-time and part-time education suitable to the requirements of persons over compulsory school age (including vocational, social, physical and recreational training); and

(b)organized leisure-time occupation provided in connection with the provision of such education.

(4)In this Act “further education” does not include higher education or secondary education.

(5)In subsection (3)(b) above “organized leisure time occupation” means leisure-time occupation, in such organized cultural training and recreative activities as are suited to their requirements, for any persons over compulsory school age who are able and willing to profit by facilities provided for that purpose.

(6)A local education authority may secure the provision of further education for persons from other areas.

(7)In exercising their functions under this section a local education authority shall have regard to any educational facilities provided by institutions within the higher education sector or the further education sector, and other bodies, which are provided for, or available for use by persons in, their area.

(8)In exercising their functions under this section a local education authority shall also have regard to the requirements of persons over compulsory school age who have learning difficulties.

(9)Subject to subsection (10) below, for the purposes of subsection (8) above a person has a “learning difficulty” if—

(a)he has a significantly greater difficulty in learning than the majority of persons of his age; or

(b)he has a disability which either prevents or hinders him from making use of facilities of a kind generally provided in pursuance of the duty under subsection (1) above for persons of his age.

(10)A person is not to be taken as having a learning difficulty solely because the language (or form of the language) in which he is, or will be, taught is different from a language (or form of a language) which has at any time been spoken in his home.

(11)A local education authority may do anything which appears to them to be necessary or expedient for the purposes of or in connection with the exercise of their functions under this section.]

42 F84. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

43—46. F85. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

47 Interim provisions as to further education. E+W

Until the date upon which a scheme of further education is first approved by the Minister for the area of a local education authority under the foregoing provisions of this Part of this Act, the authority shall, unless the Minister otherwise directs, continue to maintain or assist any school or other educational institution which, immediately before the date of the commencement of this Part of this Act was maintained or assisted by them or by the council of any county district within their area, under the powers conferred by section seventy of the M2Education Act 1921, not being a school or institution which under this Act is maintained or assisted as a secondary school, and may, in accordance with arrangements approved by the Minister, provide such additional facilities for further education, other than education at county colleges, as appear to the authority to be expedient for meeting the needs of their area.

E+W Supplementary Provisions as to Primary, Secondary and Further Education

Ancillary ServicesE+W

48 Medical inspection and treatment of pupils.E+W

(1)—(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86

(4)It shall be the duty of every local education authority [F87or, in the case of pupils at a grant-maintained school, the duty of the governing body of the school] to make arrangements for encouraging and assisting pupils to take advantage of [F88the provision for medical and dental inspection and treatment made for them in pursuance of [F89section 5(1) of the M3National Health Service Act 1977 or paragraph 1(a)(i) of Schedule 1 to that Act]]:

Provided that if the parent of any pupil gives to the authority [F90or, as the case may be, to the governing body] notice that he objects to the pupil availing himself of any [F88of the provision so made], the pupil shall not be encouraged or assisted so to do.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F86

49 F91. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

50 Provision of board and lodging otherwise than at boarding schools or colleges.E+W

(1)Where the local education authority are satisfied with respect to any [F92pupil] that primary or secondary education suitable to his age ability and aptitude [F93and to any special educational needs he may have] can best be provided F94. . . for him at any particular county school, voluntary school [F95, grant-maintained school], or special school, . . . F96 but that such education cannot be so provided unless boarding accommodation is provided for him otherwise than at the school . . . F96, [F97and where a local education authority are satisfied, with respect to a pupil [F98having special educational needs], that provision for him of board and lodging is necessary for enabling him to receive the required special educational [F98provision],] the authority may provide such board and lodging for him under such arrangements as they think fit.

(2)In making any arrangements under this section for any [F92pupil] . . . F96, a local education authority shall, so far as practicable, give effect to the wishes of the parent of the [F92pupil] . . . F96, with respect to the [F99religion or]religious denomination of the person with whom he will reside.

51 F100. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

52†Recovery of cost of boarding accommodation and of clothing.E+W

(1)Where a local education authority have, under the powers conferred by the foregoing provisions of this Act, provided a pupil with board and lodging otherwise than at a boarding school . . . F101 . . . F102 the authority shall require the parent to pay to the authority in respect thereof such sums, if any, as in the opinion of the authority he is able without financial hardship to pay:

(a)where the board and lodging provided for the pupil were so provided under arrangements made by the local education authority on the ground that in their opinion education suitable to his age ability and aptitude [F103or special educational needs] could not otherwise be provided F104. . . no sum shall be recoverable in respect thereof under this section . . . F101

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F101

(2)The sums recoverable under this section shall not exceed the cost to the local education authority of providing the board and lodging . . . F102

(3)Any sums payable by virtue of this section may be recovered summarily as a civil debt.

53 Provision of facilities for recreation and social and physical training.E+W

(1)It shall be the duty of every local education authority to secure that the facilities for primary secondary and further education provided for their area include adequate facilities for recreation and social and physical training, and for that purpose a local education authority . . . F105 may establish maintain and manage, or assist the establishment, maintenance, and management of camps, holiday classes, playing fields, play centres, and other places (including playgrounds, gymnasiums, and swimming baths not appropriated to any school [F106or other educational institution], at which facilities for recreation and for such training as aforesaid are [F107available for persons receiving primary secondary or further education], and may organise games, expeditions and other activities for such persons, and may defray or contribute towards the expenses thereof.

(2)A local education authority, in making arrangements for the provision of facilities or the organisation of activities under the powers conferred on them by the last foregoing subsection shall, in particular, have regard to the expediency of co-operating with any voluntary societies or bodies whose objects include the provision of facilities or the organisation of activities of a similar character.

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

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F109

54 Power to ensure cleanliness.E+W

(1)A local education authority may, by directions in writing issued with respect to all schools maintained by them [F110and grant-maintained schools within their area]or with respect to any of such schools named in the directions, authorise a medical officer of the authority to cause examinations of the persons and clothing of pupils in attendance at such school to be made whenever in his opinion such examinations are necessary in the interests of cleanliness . . . F111.

(2)Any such examination as aforesaid shall be made by a person authorised by the local education authority to make such examinations, and if the person or clothing of any pupil is found upon such an examination to be infested with vermin or in a foul condition, any officer of the authority may serve upon the parent of the pupil . . . F111 a notice requiring him to cause the person and clothing of the pupil to be cleansed.

(3)A notice served under the last foregoing subsection shall inform the person upon whom it is served that unless within the period limited by the notice, not being less than twenty-four hours after the service thereof, the person and clothing of the pupil to whom the notice relates are cleansed to the satisfaction of such person as may be specified in the notice the cleansing thereof will be carried out under arrangements made by the local education authority; and if, upon a report being made to him by that person at the expiration of that period, a medical officer of the authority is not satisfied that the person and clothing of the pupil have been properly cleansed, the medical officer may issue an order directing that the person and clothing of the pupil be cleansed under such arrangements.

(4)It shall be the duty of the local education authority to make arrangements for securing that any person or clothing required under this section to be cleansed may be cleansed (whether at the request of a parent . . . F111 or in pursuance of an order issued under this section) at suitable premises by suitable persons and with suitable appliances; and where [F112the council of any . . . F113 district in the area of the authority][F112the council of any inner London borough or the Common Council of the City of London] are entitled to the use of any premises or appliances for cleansing the person or clothing of persons infested with vermin, the authority may require the council to permit the authority to use those premises or appliances for such purposes upon such terms as may be determined by agreement between the authority and the council or, in default of such agreement, by the [F114Secretary of State for Social Services].

(5)Where an order has been issued by a medical officer under this section directing that the person and clothing of a pupil be cleansed under arrangements made by a local education authority, the order shall be sufficient to authorise any officer of the authority to cause the person and clothing of the pupil in the order to be cleansed in accordance with arrangements made under the last foregoing subsection, and for that purpose to convey him to, and detain him at, any premises provided in accordance with such arrangements.

(6)If, after the cleansing of the person or clothing of any pupil has been carried out under this section, his person or clothing is again found to be infested with vermin or in a foul condition at any time while he is in attendance at a school maintained by a local education authority [F115or at a grant-maintained school] . . . F111, and it is proved that the condition of his person or clothing is due to neglect on the part of his parent . . . F111, the parent . . . F111 shall be liable on summary conviction to a fine not exceeding [F116level 1 on the standard scale.]

(7)Where a medical officer of a local education authority suspects that the person or clothing of any pupil in attendance at a school maintained by the authority [F117or at a grant-maintained school within the area of the authority] . . . F111 is infested with vermin or in a foul condition, but action for the examination or cleansing thereof cannot immediately be taken, he may, if he considers it necessary so to do either in the interest of the pupil or of other pupils in attendance at the school . . . F111, direct that the pupil be excluded from the school . . . F111 until such action has been taken; and such a direction shall be a defence to any proceedings under [F118Part IV of the Education Act 1993] in respect of the failure of the pupil to attend school . . . F111 on any day on which he is excluded in pursuance of the direction, unless it is proved that the issue of the direction was necessitated by the wilful default of the pupil or his parent.

(8)No girl shall be examined or cleansed under the powers conferred by this section except by a duly qualified medical practitioner or by a woman authorised for that purpose by a local education authority.

55 Provision of transport and other facilities. E+W

[F119(1)A local education authority shall make such arrangements for the provision of transport and otherwise as they consider necessary or as the Secretary of State may direct for the purpose of facilitating the attendance of persons receiving education—

(a)at schools,

(b)at any institution maintained or assisted by them which provides higher education or further education (or both),

(c)at any institution within the further education sector, or

(d)at any institution outside the further education sector and higher education sector, where a further education funding council has secured provision for those persons at the institution under section 4(3) or (5) of the Further and Higher Education Act 1992;

and any transport provided in pursuance of such arrangements shall be provided free of charge.]

(2)A local education authority [F120may pay the whole or any part, as the authority think fit, of the reasonable travelling expenses] of any [F121person receiving education] at any school [F122or any such institution as is mentioned in subsection (1) above] for whose transport no arrangements are made under this section.

[F123(3)In considering whether or not they are required by subsection (1) above to make arrangements in relation to a particular [F124person], the local education authority shall have regard (amongst other things) to the age of the [F124person] and the nature of the route, or alternative routes, which he could reasonably be expected to take][F125and to any wish of his parent for him to be provided with education at a school or institution in which the religious education provided is that of the religion or denomination to which his parent adheres]

[F126(4)Arrangements made by a local education authority under subsection (1) above shall make provision—

(a)for pupils at grant-maintained schools which is no less favourable than the provision made in pursuance of the arrangements for pupils at schools maintained by a local education authority,

(b)for persons receiving full-time education at any institution within the further education sector which is no less favourable than the provision made in pursuance of the arrangements for pupils of the same age at schools maintained by a local education authority, and

(c)for persons receiving full-time education at institutions mentioned in subsection (1)(d) above which is no less favourable than the provision made in pursuance of the arrangements—

(i)for persons of the same age with learning difficulties (within the meaning of section 41(9) of this Act) at schools maintained by a local education authority, or

(ii)where there are no such arrangements, for such persons for whom the authority secures the provision of education at any other institution.]

[F127(5)Regulations under section 8(5) of the Education Act 1980 may require publication, within the meaning of that section, by every local education authority of such information as may be required by the regulations with respect to the authority’s policy and arrangements for provision under this section for persons attending institutions mentioned in subsection (1)(c) or (d) above who are over compulsory school age and who have not attained the age of nineteen years.]

F12856. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

57—57B. F129. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Employment of Children and Young PersonsE+W

58 Adaptation of enactments relating to the employment of children or young persons.E+W

For the purposes of any enactment relating to the prohibition or regulation of the employment of children or young persons, any person who is not for the purposes of this Act over compulsory school age shall be deemed to be a child within the meaning of that enactment.

[F13059 Power of local education authorities to prohibit or restrict employment of children.E+W

(1)If it appears to a local education authority that any child who is a registered pupil at a county school, voluntary school, or special school, is being employed in such manner as to be prejudicial to his health or otherwise to render him unfit to obtain the full benefit of the education provided for him, the authority may, by notice in writing served upon the employer, prohibit him from employing the child, or impose such restrictions upon his employment of the child as appear to them to be expedient in the interests of the child.

(2)A local education authority may, by notice in writing served upon the parent or employer of any child who is a registered pupil at a county school, voluntary school, or special school, require the parent or employer to provide the authority, within such period as may be specified in the notice, with such information as appears to the authority to be necessary for the purpose of enabling them to ascertain whether the child is being employed in such a manner as to render him unfit to obtain the full benefit of the education provided for him.

(3)Any person who employs a child in contravention of any prohibition or restriction imposed under subsection (1) of this section, or who fails to comply with the requirements of a notice served under subsection (2) of this section, shall be guilty of an offence against this section and liable on summary conviction, in the case of a first offence to a fine not exceeding [F131level 1 on the standard scale], in the case of a second offence to a fine not exceeding [F131level 1 on the standard scale], and in the case of a third or subsequent offence to a fine not exceeding [F131level 1 on the standard scale] or to imprisonment for a term not exceeding one month or to both such fine and such imprisonment.

(4)Subsection (1) and subsection (3) of section twenty-eight of the M4Children and Young Persons Act 1933 (which relate to powers of entry for the enforcement of the provisions of Part II of that Act with respect to the employment of children) shall apply with respect to the provisions of any notice served under this section as they apply with respect to the provisions of the said Part II.]

60, 61. F132. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

62†Duties of Minister and of local education authorities as to the training of teachers.E+W

(1)In execution of the duties imposed on him by this Act, the [F133Secretary of State for Education and Science] shall, in particular, make such arrangement as he considers expedient for securing that there shall be available sufficient facilities for the training of teachers for [F134service in schools maintained by local education authorities, grant-maintained schools [F135institutions within the further education sector] and institutions which are maintained by such authorities and provide higher education or further education (or both)].

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

63 Exemption from building byelaws of buildings approved by the Minister.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F137

(2)Where plans for [F138or particulars in respect of] any building required for the purposes of any school or other educational establishment are approved by the [F139Secretary of State for Education and Science], he may by order direct that any provision of any local Act or of any byelaw made under such an Act shall not apply in relation to the building or shall apply in relation thereto with such modifications as may be specified in the order.

64 F140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

65 Endowments for maintenance of voluntary schools.E+W

Where any sums which accrue after the date of the commencement of this Part of this Act in respect of the income of any endowment are required by virtue of the provisions of any trust deed to be applied towards the maintenance of a school which a local education authority are required to maintain as a voluntary school, the said sums shall not be payable to the local education authority, but shall be applied by the . . . F141 governors of the school towards the discharge of their obligations, if any, with respect to the maintenance of the school, or in such other manner, if any, as may be determined by a scheme for the administration of the endowment made after the date of the commencement of this Part of this Act.

66 F142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

67 Determination of disputes and questions.E+W

(1)Save as otherwise expressly provided by this Act, any dispute between a local education authority and the . . . F143 governors of any school with respect to the exercise of any power conferred or the performance of any duty imposed by or under this Act, may, notwithstanding any enactment rendering the exercise of the power or the performance of the duty contingent upon the opinion of the authority or of the . . . F143 governors, be referred to the [F144Secretary of State for Education and Science]; and any such dispute so referred shall be determined by him.

(2)Any dispute between two or more local education authorities as to which of them is responsible for the provision of education for any pupil . . . F145 shall be determined by the [F144Secretary of State for Education and Science.]

(3)Where any trust deed relating to a voluntary [F146or grant-maintained] school makes provision whereby a bishop or any other ecclesiastical or denominational authority has power to decide whether the religious [F147education] given in the school which purports to be in accordance with the provisions of the trust deed does or does not accord with those provisions, that question shall be determined in accordance with the provisions of the trust deed.

[F148(4)If in the case of a county [F149voluntary or grant-maintained] school a question arises whether a change in the character of the school or enlargement of the school premises would be a significant change or enlargement, that question shall be determined by the Secretary of State.]

F150(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

68†Power of Minister to prevent unreasonable exercise of functions. E+W

If the [F151Secretary of State for Education and Science] is satisfied, either on complaint by any person or otherwise, that any local education authority or the . . . F152 governors of any county or voluntary school have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed by or under this Act, he may, notwithstanding any enactment rendering the exercise of the power or the performance of the duty contingent upon the opinion of the authority or of the . . . F152 governors, give such directions as to the exercise of the power or the performance of the duty as appear to him to be expedient.

[F153In this section, references to a local education authority shall be construed as including references to any body of persons authorised, in accordance with the First Schedule to this Act, . . . F154, to exercise functions of such an authority.]

69†Powers of Minister as to medical examinations and inspections.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F155

(2)Where any question is referred to the [F156Secretary of State for Education and Science] under this Part of this Act, then, if in the opinion of the [F156Secretary of State for Educationnand and Science] the examination of any pupil by a duly qualified medical practitioner appointed for the purpose by him would assist the determination of the question referred to him, the [F156Secretary of State for Education and Science] may by notice in writing served on the parent of that pupil . . . F157 require the parent to submit him . . . F157 for examination by such a practitioner; and if any person on whom such a notice is served fails without reasonable excuse to comply with the requirements thereof, he shall be liable on summary conviction to a fine not exceeding [F158level 1 on the standard scale].

Part IIIE+W INDEPENDENT SCHOOLS

70 Registration of independent schools. E+W

(1)The [F159Secretary of State for Education and Science] shall appoint one of his officers to be Registrar of Independent Schools; and it shall be the duty of the Registrar of Independent Schools to keep a register of all independent schools, which shall be open to public inspection at all reasonable times, and, subject as hereinafter provided, to register therein any independent school of which the proprietor makes application for the purpose in the prescribed manner and furnishes the prescribed particulars:

(a)no independent school shall be registered if, by virtue of an order made under the provisions hereinafter contained, the proprietor is disqualified from being the proprietor of an independent school or the school premises are disqualified from being used as a school, or if the school premises are used or proposed to be used for any purpose for which they are disqualified by virtue of any such order; and

(b)the registration of any school shall be provisional only until the [F159Secretary of State for Education and Science], after the school has been inspected on his behalf under the provisions of Part IV of this Act, gives notice to the proprietor that the registration is final.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F160

(3)If after the expiration of six months from the date of the commencement of this Part of this Act any person—

(a)conducts an independent school (whether established before or after the commencement of that Part) which is not a registered school or a provisionally registered school; or

(b)being the proprietor of an independent school does any act calculated to lead to the belief that the school is a registered school while it is a provisionally registered school;

he shall be liable on summary conviction to a fine not exceeding [F161level 4 on the standard scale] or in the case of a second or subsequent conviction to a fine not exceeding [F161level 4 on the standard scale] or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine.

[F162(3A)A person shall not be guilty of an offence under subsection (3)(a) above by reason of conducting a school at any time within the period of one month from the date on which it was first conducted (whether by that person or another) if an application for the registration of the school has been duly made within that period.]

[F163(4)The Secretary of State may by regulations make provision for requiring the proprietor of a registered or provisionally registered school to furnish the Registrar from time to time with such particulars relating to the school as may be prescribed and for enabling the Secretary of State to order the deletion from the register of the name of any school in respect of which any requirement imposed by or under the regulations is not complied with.

[F164(4A)Regulations made under subsection (4) above may in particular require the proprietor of a school to furnish the Registrar with such information as is required by the local authority for the purpose of determining whether the school is a children’s home (within the meaning of the Children Act 1989).]

(5)The power to make regulations under this section shall be exercisable by the Secretary of State for Education and Science in relation to schools in England and by the Secretary of State for Wales in relation to schools in Wales.]

71 Complaints.E+W

(1)If at any time the [F165Secretary of State for Education and Science] is satisfied that any registered or provisionally registered school is objectionable upon all or any of the following grounds—

(a)that the school premises or any parts thereof are unsuitable for a school;

(b)that the accommodation provided at the school premises is inadequate or unsuitable having regard to the number, ages, and sex of the pupils attending the school;

(c)that efficient and suitable instruction is not being provided at the school having regard to the ages and sex of the pupils attending thereat;

(d)that the proprietor of the school or any teacher employed therein is not a proper person to be the proprietor of an independent school or to be a teacher [F166or other employee] in any school, as the case may be;

[F167(e)there has been a failure, in relation to a child provided with accommodation by the school, to comply with the duty imposed by section 87 of the Children Act 1989 (welfare of children accommodated in independent schools);]

the [F165Secretary of State] shall serve upon the proprietor of the school a notice of complaint stating the grounds of complaint together with full particulars of the matters complained of, and, unless any of such matters are stated in the notice to be in the opinion of the [F165Secretary of State for Education and Science] irremediable, the notice shall specify the measures necessary in the opinion of the [F165Secretary of State for Education and Science] to remedy the matters complained of, and shall specify the time, not being less than six months after the service of the notice, within which such measures are thereby required to be taken.

(2)If it is alleged by any notice of complaint served under this section that any person employed as a teacher [F166or other employee]at the school is not a proper person to be a teacher [F166or other employee] in any school, that person shall be named in the notice and the particulars contained in the notice shall specify the grounds of the allegation, and a copy of the notice shall be served upon him.

(3)Every notice of complaint served under this section and every copy of such a notice so served shall limit the time, not being less than one month after the service of the notice or copy, within which the complaint may be referred to an Independent Schools Tribunal under the provisions hereinafter contained.

[F168(4)If at any time the Secretary of State is satisfied that a person whose employment is prohibited or restricted by virtue of regulations under section 218(6) of the Education Reform Act 1988—

(a)is employed in a registered or provisionally registered school in contravention of those regulations, or

(b)is the proprietor of such a school,

he may order that the school be struck off the register or, as the case may be, that the Registrar is not to register the school.

(5)In this section, and in sections 72 and 73 of this Act, “employee” means a person employed in work which brings him regularly into contact with persons who have not attained the age of nineteen years.]

72 Determination of complaints.E+W

(1)Any person upon whom a notice of complaint or a copy of such a notice is served under the last foregoing section may, within the time limited by the notice, appeal therefrom by referring the complaint, in such manner as may be provided by rules made under this Part of this Act, to an Independent Schools Tribunal constituted in accordance with the provisions of the Sixth Schedule to this Act.

(2)Upon a complaint being referred to an Independent Schools Tribunal, the tribunal shall, after affording to all parties concerned an opportunity of being heard, and after considering such evidence as may be tendered by them or on their behalf, have power—

(a)to order that the complaint be annulled:

(b)to order that the school in respect of which the notice of complaint was served be struck off the register:

(c)to order that the school be so struck off unless the requirements of the notice, subject to such modifications, if any, as may be specified in the order are complied with to the satisfaction of the [F169Secretary of State for Education and Science] before the expiration of such time as may be specified in the order:

(d)if satisfied that the premises alleged by the notice of complaint to be unsuitable for use as a school or any part of such premises are in fact unsuitable for such use, by order to disqualify the premises or part from being so used, or, if satisfied that the accommodation provided at the school premises is inadequate or unsuitable having regard to the number, ages and sex of the pupils attending the school, by order to disqualify the premises from being used as a school for pupils exceeding such number or of such age or sex as may be specified in the order:

(e)if satisfied that any person alleged by the notice of complaint to be a person who is not proper to be the proprietor of an independent school or to be a teacher [F170or other employee] in any school is in fact such a person, by order to disqualify that person from being the proprietor of any independent school or from being a teacher [F170or other employee] in any school, as the case may be.

(3)Where a notice of complaint has been served under this Act on the proprietor of any school and the complaint is not referred by him to an Independent School Tribunal within the time limited in that behalf by the notice, the [F169Secretary of State for Education and Science] shall have power to make any order which such a tribunal would have had power to make if the complaint had been so referred:

(4)Where by virtue of an order made by an Independent Schools Tribunal or by the [F169Secretary of State for Education and Science] any person is disqualified either from being the proprietor of an independent school or from being a teacher [F170or other employee] in any school, then, unless the order otherwise directs, that person shall, by virtue of the order, be disqualified both from being the proprietor of an independent school and from being a teacher [F170or other employee] in any school.

73 Enforcement.E+W

(1)Where an order is made by the [F171Secretary of State for Education and Science] or by an Independent Schools Tribunal directing that any school be struck off the register, the Registrar of Independent Schools shall as from the date on which the direction takes effect strike the school off the register.

(2)If any person uses any premises for purposes for which they are disqualified by virtue of any order made under this Part of this Act, that person shall be liable on summary conviction to a fine not exceeding [F172level 4 on the standard scale] or in the case of a second or subsequent conviction (whether in respect of the same or other premises) to a fine not exceeding [F172level 4 on the standard scale], or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine.

(3)If any person acts as the proprietor of an independent school, or accepts or endeavours to obtain employment as a teacher [F173or other employee] in any school, while he is disqualified from so acting or from being so employed by virtue of any such order as aforesaid, he shall be liable on summary conviction to a fine not exceeding [F172level 4 on the standard scale] or in the case of a second or subsequent conviction to a fine not exceeding [F172level 4 on the standard scale], or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine.

(4)No proceedings shall be instituted for an offence against this Part of this Act except by or on behalf of the [F171Secretary of State for Education and Science.]

[F174(5)For the purposes of the foregoing provisions of this Part of this Act, a person who is disqualified by an order made under Part IV of the M5Education (Scotland) Act 1945 from being the proprietor of an independent school or from being a teacher in any school shall be deemed to be so disqualified by virtue of an order made under this Part of this Act.]

74 Removal of disqualifications. E+W

(1)If on the application of any person the [F175Secretary of State for Education and Science] is satisfied that any disqualification imposed by an order made under this Part of this Act is, by reason of any change of circumstances, no longer necessary, the [F175Secretary of State for Education and Science] may by order remove the disqualification.

(2)Any person who is aggrieved by the refusal of the [F175Secretary of State for Education and Science] to remove a disqualification so imposed may, within such time after the refusal has been communicated to him as may be limited by rules made under this Part of this Act, appeal to an Independent Schools Tribunal.

75 Proceedings before Independent Schools Tribunals and matters relating thereto.E+W

(1)The Lord Chancellor may, with the concurrence of the Lord President of the Council, make rules as to the practice and procedure to be followed with respect to the constitution of Independent Schools Tribunals, as to the manner of making appeals to such tribunals, and as to proceedings before such tribunals and matters incidental to or consequential on such proceedings, and, in particular, such rules may make provision requiring any such tribunal to sit at such places as may be directed in accordance with the rules, and may make provision as to appearance before such tribunals by counsel or solicitor . . . F176

(2)The provisions of the [F177M6Arbitration Act 1950], shall not apply to any proceedings before an Independent Schools Tribunal except so far as any provisions thereof may be applied thereto with or without modifications by rules made under this section.

(3)Every order of an Independent Schools Tribunal shall be registered by the Registrar of Independent Schools and shall be open to public inspection at all reasonable times.

Part IVE+W GENERAL

General Principle to be observed by Minister and Local Education AuthoritiesE+W

76 Pupils to be educated in accordance with the wishes of their parents. E+W

In the exercise and performance of all powers and duties conferred and imposed on them by [F178the Education Acts 1944 to 1993] the [F179Secretary of State for Education and Science][F180the funding authorities]and local education authorities shall have regard to the general principle that, so far as is compatible with the provision of efficient instruction and training and the avoidance of unreasonable public expenditure, pupils are to be educated in accordance with the wishes of their parents.

Miscellaneous ProvisionsE+W

[F18177 Inspection of educational establishments.E+W

(1)In this section the expression “educational establishment” means F182. . ., [F183an institution within the PCFC funding sector or an institution which is maintained or assisted by a local education authority and provides higher education or further education (or both)]; and if the persons responsible for the management of any institution which is not an educational establishment within the foregoing definition request the [F184Secretary of State] or any local education authority to cause an inspection of that institution to be made under the powers conferred by this section, the institution shall, for the purposes of that inspection, be deemed to be also included within that definition.

(2)It shall be the duty of the [F184Secretary of State for Education and Science] to cause inspections to be made of every educational establishment at such intervals as appear to him to be appropriate, and to cause a special inspection of any such establishment to be made whenever he considers such an inspection to be desirable; and for the purpose of enabling such inspections to be made on behalf of the [F184Secretary of State for Education and Science], inspectors may be appointed by His Majesty on the recommendation of the [F184Secretary of State for Education and Science], and persons may be authorised by the [F184Secretary of State for Education and Science] to assist such inspectors and to act as additional inspectors:

(3)Any local education authority may cause an inspection to be made of any educational establishment maintained by the authority, and such inspections shall be made by officers appointed by the local education authority.

(4)If any person obstructs any person authorised to make an inspection in pursuance of the provisions of this section in the execution of his duty, he shall be liable on summary conviction to a fine not exceeding [F185level 4 on the standard scale], or, in the case of a second or subsequent conviction, to a fine not exceeding [F185level 4 on the standard scale] or to imprisonment for a term not exceeding three months or to both such imprisonment and such fine.

F186(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F187(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

78 Provision of certain ancillary services for pupils not in attendance at schools maintained by local education authorities.E+W

(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F188

(2)A local education authority may, with the consent of the proprietor of any school in their area which is not a school maintained by the authority, and upon such financial and other terms, if any, as may be determined by agreement between the authority and the proprietor of the school, make arrangements for securing—

(a)the provision of milk, meals and other refreshment for pupils in attendance at the school; . . . F189

Provided that any arrangements made under this subsection shall be such as to secure, so far as is practicable, that the expense incurred by the authority in connection with the provision under the arrangements of any service or article shall not exceed the expense which would have been incurred by them in the provision thereof if the pupil had been a pupil at a school maintained by them.

79 F190. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

80 Registration of pupils at schools. E+W

(1)The proprietor of every school (that is to say in the case of a county school or voluntary school the . . . F191 governors thereof [F192and in the case of a grant-maintained school the governing body of the school]) shall cause to be kept in accordance with regulations made by the [F193Secretary of State for Education and Science] a register containing the prescribed particulars with respect to all persons . . . F194 who are pupils at the school, and such regulations may make provision for enabling such registers to be inspected, for enabling extracts therefrom to be taken for the purposes of this Act by persons duly authorised in that behalf under the regulations, and for requiring the persons by whom any such register is required to be kept to make to the [F193Secretary of State [F195to the funding authorities] for Education and Science], and to local education authorities, such periodical or other returns as to the contents thereof as may be prescribed.

[F196(1A)Without prejudice to the generality of subsection (1) of this section, the prescribed particulars shall include particulars of the name and address of every person known to the proprietor of the school to be a parent of a pupil at the school.]

(2)If any person contravenes or fails to comply with any requirement imposed on him by regulations made under this section, he shall be liable on summary conviction to a fine not exceeding [F197level 1 on the standard scale].

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F198

81 Power of local education authorities to give assistance by means of scholarships and otherwise.E+W

Regulations shall be made by the [F199Secretary of State for Education and Science] empowering local education authorities, for the purpose of enabling [F200persons] to take advantage without hardship to themselves or their parents of any educational facilities available to them—

(a)to defray such expenses of children attending county schools, voluntary schools, [F201grant-maintained schools], or special schools, as may be necessary to enable them to take part in any school activities:

(b)to pay the whole or any part of the fees and expenses payable in respect of children attending schools at which fees are payable:

X1(c)to grant scholarships, exhibitions, bursaries, and other allowances in respect of [F202persons] over compulsory school age F203. . .

(d)to grant allowances in respect of any child in respect of whom any scholarship exhibition bursary or other allowance has been granted by a former authority before the date of the commencement of Part II of this Act.

82 Powers of local education authorities as to educational research.E+W

A local education authority may, . . . F204 make such provision for conducting or assisting the conduct of research as appears to the authority to be desirable for the purpose of improving the educational facilities provided for their area.

83 Powers of local education authorities as to educational conferences.E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F205 A local education authority may organise, or participate in the organisation of, conferences for the discussion of questions relating to education, and may expend such sums as may be reasonable in paying or contributing towards any expenditure incurred in connection with conferences for the discussion of such questions, including the expenses of any person authorised by them to attend any such conference.

84 F206. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

85 Power of local education authorities to accept gifts for educational purposes.E+W

(1)Subject to the provisions of this section, a local education authority shall have power, and any such authority or any former authority shall be deemed always to have had power, to accept hold and administer any property upon trust for purposes connected with education.

[F207(2)Any intention on the part of a local education authority that a school F208. . . (other than a nursery school or a special school) should be vested in the authority as trustees shall be treated for the purposes of subsection (1) of section 12 of the Education Act 1980 as an intention on the part of the authority to maintain the school as a county school; and accordingly proposals for that purpose shall be published and submitted as required by that section, and the other provisions of that section and of sections 14 and 16 of that Act shall apply as in a case where a local education authority intend to maintain a school as a county school.

(3)Any school F208. . . which in accordance with subsection (2) above is vested in a local education authority as trustees shall be a county school.]

86 F209. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

87 F210. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Administrative ProvisionsE+W

88 Appointment of chief education officers of local education authorities. E+W

The duties of a local education authority with respect to the appointment of officers under the provisions of the [F211M7Local Government Act, 1972], shall, without prejudice to the generality of those provisions, include the duty of appointing a fit person to be the chief education officer of the authority, . . . F212

89 F213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

90 Compulsory purchase of land and other dealings in land by local education authorities.E+W

(1)A local education authority may be authorised [F214by the [F215Secretary of State for Education and Science]] to purchase compulsorily any land, whether situate within or without the area of the authority, which is required for the purposes of any school or [F216institution] which is, or is to be, maintained by them [F217or which they have the power to assist], or otherwise for the purposes of their functions under this Act; . . . F218

[F220(1A)The proviso in subsection (1) of this section shall not apply where the local education authority propose that expenditure to be incurred in connection with the purchase should ultimately be borne by them under section 282(1) of the Education Act 1993 (power of local education authority to give assistance).]

(2)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F221

91 F222. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

92 Reports and returns.E+W

Every local education authority shall make to the [F223Secretary of State for Education and science] such reports and returns and give to him such information as he may require for the purpose of the exercise of his functions under this Act.

93 Power of Minister to direct local inquiries.E+W

The [F224Secretary of State for Education and Science] may cause a local inquiry to be held for the purpose of the exercise of any of his functions under this Act; and the provisions of subsections (2) (3) (4) and (5) of section [F225two hundred and fifty of the M8Local Government Act 1972] shall have effect with respect to any such inquiry . . . F226

94 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 births and deaths containing the entry relating to the birth of that person shall, upon being presented by any person with a written requisition in such form and containing such particulars as may be determined by regulations made by the [F227Secretary of State for Social Services], and upon payment of a fee of [F228£2.00], supply that person with a copy of the entry certified under his hand.

Every registrar shall, upon being requested so to do, supply free of charge a form of requisition for the purposes of this subsection.

(2)Every registrar shall supply to a local education authority such particulars of the entries contained in any register of births and deaths in his custody, and in such form, as, subject to any regulations made by the [F227Secretary of State for Social Services], the authority may from time to time require; . . . F229

(3)In this section, the expression “register of births and deaths” means a register of births and deaths kept in pursuance of the [F230M9M10Births and Deaths Registration Act 1953 and the Registration Service Act 1953], and the expression “registrar” includes a registrar of births and deaths and a superintendent registrar.

95 Provisions as to evidence.E+W

(1)Where in any proceedings under this Act the person by whom the proceedings are brought alleges that any person whose age is material to the proceedings is under, of, or over, any age, and 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, then, unless the contrary is proved, the court may presume that person to be under, of, or over, the age alleged.

(2)In any legal proceedings any document purporting to be—

(a)a document issued by a local education authority, and to be signed by the clerk of that authority or by the chief education officer of that authority or by any other officer of the authority authorised to sign it;

(b)an extract from the minutes of the proceedings of the . . . F231 governors of any county school or voluntary school, and to be signed by the chairman of the . . . F231 governors or by their clerk;

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

(d)a certificate issued by a medical officer of a local education authority and to be signed by such an officer;

shall be received in evidence and shall, unless the contrary is proved, be deemed to be the document which it purports to be, and to have been signed by the person by whom it purports to have been signed, without proof of his identity, signature, or official capacity, and any such extract or certificate as is mentioned in paragraph (b) (c) or (d) of this subsection shall be evidence of the matters therein stated.

96 Provisions consequential on cessation of functions of former authorities. E+W

(1)If upon the application of a former authority the Minister is satisfied with respect to any property which was immediately before the date of the commencement of Part II of this Act held by that authority for the purposes of functions exercisable by them under the Education Acts 1921 to 1939, that, although the property was so held, it was held upon trust for purposes of such a nature that the transfer thereof to a local education authority would be inexpedient, the Minister may by order direct that the property shall be deemed not to have been transferred by virtue of section six of this Act to the local education authority for the county in which the area of the former authority is situated.

(2)Where any question arises as to whether any officers, property, rights, or liabilities, have been transferred by virtue of this Act from a former authority to a local education authority, that question shall be determined by the Minister.

(3)Where any officers, property, rights, or liabilities, have been transferred by virtue of this Act from a former authority to a local education authority, the local education authority and the former authority may by agreement provide for the making of such adjustments in relation to their respective property, rights, and liabilities, as appear to the authorities to be desirable having regard to the transfer, and any such agreements may, in particular, provide for the making of payments by either party thereto.

(4)Where it appears to the Minister that having regard to any such transfer it is desirable that any such adjustment as aforesaid (including any payment by either of the authorities concerned) should be made, he may, subject to any agreement made under the last foregoing subsection, by directions make provision for that adjustment.

(5)Where at the commencement of Part II of this Act any former authority were parties to any proceedings pending with respect to any property, rights, or liabilities, which by virtue of this Act are transferred from the former authority to a local education authority, the proceedings may be carried on thereafter with the substitution of the local education authority for the former authority as parties thereto.

97 F232. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

98 Compensation of persons prejudicially affected by this Act. E+W

(1)If in consequence of the extinguishment or transfer by this Act of any functions exercisable by the council of any county district, or the transfer by this Act of any officers employed by any such council, any person who, immediately before the date of the commencement of Part II of this Act, was an officer employed by that council or by the council of the county in which the county district is situated suffers direct pecuniary loss by reason of the determination of his appointment or the diminution of his emoluments, he shall, unless provision for his compensation for that loss is made by or under any other enactment for the time being in force, be entitled to receive compensation under this subsection from the local education authority for the area in which the county district is situated; and, for the purposes of any claim for compensation under this subsection, the provisions of subsections (2) and (3) of section one hundred and fifty of the M11Local Government Act 1933, shall have effect as if:—

(a)the extinguishment or transfer had been effected by virtue of an order made by the Minister of Health under Part VI of the said Act of 1933 and coming into operation upon the date of the commencement of Part II of this Act; and

(b)the expression “existing officer,” in those subsections, meant any person who, immediately before the said date, was an officer employed by the council of a county or county district in connection with any functions exercisable by that council under any enactment repealed or amended by this Act.

(2)If, in consequence of any school becoming a special agreement school or a controlled school, or in consequence of the discontinuance within six years after the passing of this Act of any school maintained by a local education authority, any person who was a teacher in the school immediately before it became a special agreement school or a controlled school, or before the school was discontinued, as the case may be, suffers direct pecuniary loss by reason of his dismissal or the diminution of his emoluments, he shall, unless provision for his compensation for that loss is made by or under any other enactment for the time being in force, be entitled to receive compensation from the authority under this section.

(3)For the purposes of the determination and payment of compensation under this section, the provisions of the Fourth Schedule to the M12Local Government Act 1933 shall have effect subject to the following modifications, that is to say:—

(a)references therein to the Minister shall be construed as references to the Minister of Education, and sub-paragraph (1) of paragraph 1 thereof shall have effect as if after the word “prescribed” there were inserted the words “by the Minister of Education”;

(b)references therein to a scheme or order shall be construed as references to this Act; and

(c)any period during which a person has been engaged in war service within the meaning of the M13Local Government Staffs (War Service) Act 1939, shall be reckoned for the purposes of the said Schedule as a period of service in his office, and where any such period is so reckoned, his emoluments during that period shall, for the purposes of sub-paragraph (2) of paragraph 4 of the said Schedule, be deemed to be such as he would have received if he had not been engaged in war service.

99 Powers of Minister in default of local education authorities or . . . F233 governors. E+W

(1)If the [F234Secretary of State for Education and Science] is satisfied, either upon complaint by any person interested or otherwise, that any local education authority, or the . . . F233 governors of any county school or voluntary school, have failed to discharge any duty imposed upon them by or for the purposes of this Act, the [F234Secretary of State for Education and Science] may make an order declaring the authority, or the . . . F233 governors, as the case may be, to be in default in respect of that duty, and giving such directions for the purpose of enforcing the execution thereof as appear to the [F234Secretary of State for Education and Science] to be expedient; and any such directions shall be enforceable, on an application made on behalf of the [F234Secretary of State for Education and Science], by mandamus.

(2)Where it appears to the [F234Secretary of State for Education and Science] that by reason of the default of any person there is no properly constituted body of . . . F233 governors of any county school or voluntary school, the [F234Secretary of State for Education and Science] may make such appointments and give such directions as he thinks desirable for the purpose of securing that there is a properly constituted body of . . . F233 governors thereof, and may give directions rendering valid any acts or proceedings which in his opinion are invalid or otherwise defective by reason of the default.

(3)Where it appears to the [F234Secretary of State for Education and Science] that a local education authority have made default in the discharge of their duties relating to the maintenance of a voluntary school, the [F234Secretary of State for Education and Science] may direct that any act done by or on behalf of the . . . F233 governors of the school for the purpose of securing the proper maintenance thereof shall be deemed to have been done by or on behalf of the authority, and may reimburse to the . . . F233 governors any sums which in his opinion they have properly expended for that purpose; and the amount of any sum so reimbursed shall be a debt due to the Crown from the authority, and, without prejudice to any other method of recovery, the whole or any part of such a sum may be deducted from any sums payable to the authority by the [F234Secretary of State for Education and Science] in pursuance of any regulations relating to the payment of grants.

Administrative ProvisionsE+W

88 Appointment of chief education officers of local education authorities. E+W

The duties of a local education authority with respect to the appointment of officers under the provisions of the [F211M7Local Government Act, 1972], shall, without prejudice to the generality of those provisions, include the duty of appointing a fit person to be the chief education officer of the authority, . . . F212

89 F213. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

90 Compulsory purchase of land and other dealings in land by local education authorities.E+W

(1)A local education authority may be authorised [F214by the [F215Secretary of State for Education and Science]] to purchase compulsorily any land, whether situate within or without the area of the authority, which is required for the purposes of any school or [F216institution] which is, or is to be, maintained by them [F217or which they have the power to assist], or otherwise for the purposes of their functions under this Act; . . . F218

[F220(1A)The proviso in subsection (1) of this section shall not apply where the local education authority propose that expenditure to be incurred in connection with the purchase should ultimately be borne by them under section 282(1) of the Education Act 1993 (power of local education authority to give assistance).]

(2)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F221

91 F222. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

92 Reports and returns.E+W

Every local education authority shall make to the [F223Secretary of State for Education and science] such reports and returns and give to him such information as he may require for the purpose of the exercise of his functions under this Act.

93 Power of Minister to direct local inquiries.E+W

The [F224Secretary of State for Education and Science] may cause a local inquiry to be held for the purpose of the exercise of any of his functions under this Act; and the provisions of subsections (2) (3) (4) and (5) of section [F225two hundred and fifty of the M8Local Government Act 1972] shall have effect with respect to any such inquiry . . . F226

94 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 births and deaths containing the entry relating to the birth of that person shall, upon being presented by any person with a written requisition in such form and containing such particulars as may be determined by regulations made by the [F227Secretary of State for Social Services], and upon payment of a fee of [F228£2.00], supply that person with a copy of the entry certified under his hand.

Every registrar shall, upon being requested so to do, supply free of charge a form of requisition for the purposes of this subsection.

(2)Every registrar shall supply to a local education authority such particulars of the entries contained in any register of births and deaths in his custody, and in such form, as, subject to any regulations made by the [F227Secretary of State for Social Services], the authority may from time to time require; . . . F229

(3)In this section, the expression “register of births and deaths” means a register of births and deaths kept in pursuance of the [F230M9M10Births and Deaths Registration Act 1953 and the Registration Service Act 1953], and the expression “registrar” includes a registrar of births and deaths and a superintendent registrar.

96 Provisions consequential on cessation of functions of former authorities. E+W

(1)If upon the application of a former authority the Minister is satisfied with respect to any property which was immediately before the date of the commencement of Part II of this Act held by that authority for the purposes of functions exercisable by them under the Education Acts 1921 to 1939, that, although the property was so held, it was held upon trust for purposes of such a nature that the transfer thereof to a local education authority would be inexpedient, the Minister may by order direct that the property shall be deemed not to have been transferred by virtue of section six of this Act to the local education authority for the county in which the area of the former authority is situated.

(2)Where any question arises as to whether any officers, property, rights, or liabilities, have been transferred by virtue of this Act from a former authority to a local education authority, that question shall be determined by the Minister.

(3)Where any officers, property, rights, or liabilities, have been transferred by virtue of this Act from a former authority to a local education authority, the local education authority and the former authority may by agreement provide for the making of such adjustments in relation to their respective property, rights, and liabilities, as appear to the authorities to be desirable having regard to the transfer, and any such agreements may, in particular, provide for the making of payments by either party thereto.

(4)Where it appears to the Minister that having regard to any such transfer it is desirable that any such adjustment as aforesaid (including any payment by either of the authorities concerned) should be made, he may, subject to any agreement made under the last foregoing subsection, by directions make provision for that adjustment.

(5)Where at the commencement of Part II of this Act any former authority were parties to any proceedings pending with respect to any property, rights, or liabilities, which by virtue of this Act are transferred from the former authority to a local education authority, the proceedings may be carried on thereafter with the substitution of the local education authority for the former authority as parties thereto.

97 F232. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

98 Compensation of persons prejudicially affected by this Act. E+W

(1)If in consequence of the extinguishment or transfer by this Act of any functions exercisable by the council of any county district, or the transfer by this Act of any officers employed by any such council, any person who, immediately before the date of the commencement of Part II of this Act, was an officer employed by that council or by the council of the county in which the county district is situated suffers direct pecuniary loss by reason of the determination of his appointment or the diminution of his emoluments, he shall, unless provision for his compensation for that loss is made by or under any other enactment for the time being in force, be entitled to receive compensation under this subsection from the local education authority for the area in which the county district is situated; and, for the purposes of any claim for compensation under this subsection, the provisions of subsections (2) and (3) of section one hundred and fifty of the M11Local Government Act 1933, shall have effect as if:—

(a)the extinguishment or transfer had been effected by virtue of an order made by the Minister of Health under Part VI of the said Act of 1933 and coming into operation upon the date of the commencement of Part II of this Act; and

(b)the expression “existing officer,” in those subsections, meant any person who, immediately before the said date, was an officer employed by the council of a county or county district in connection with any functions exercisable by that council under any enactment repealed or amended by this Act.

(2)If, in consequence of any school becoming a special agreement school or a controlled school, or in consequence of the discontinuance within six years after the passing of this Act of any school maintained by a local education authority, any person who was a teacher in the school immediately before it became a special agreement school or a controlled school, or before the school was discontinued, as the case may be, suffers direct pecuniary loss by reason of his dismissal or the diminution of his emoluments, he shall, unless provision for his compensation for that loss is made by or under any other enactment for the time being in force, be entitled to receive compensation from the authority under this section.

(3)For the purposes of the determination and payment of compensation under this section, the provisions of the Fourth Schedule to the M12Local Government Act 1933 shall have effect subject to the following modifications, that is to say:—

(a)references therein to the Minister shall be construed as references to the Minister of Education, and sub-paragraph (1) of paragraph 1 thereof shall have effect as if after the word “prescribed” there were inserted the words “by the Minister of Education”;

(b)references therein to a scheme or order shall be construed as references to this Act; and

(c)any period during which a person has been engaged in war service within the meaning of the M13Local Government Staffs (War Service) Act 1939, shall be reckoned for the purposes of the said Schedule as a period of service in his office, and where any such period is so reckoned, his emoluments during that period shall, for the purposes of sub-paragraph (2) of paragraph 4 of the said Schedule, be deemed to be such as he would have received if he had not been engaged in war service.

99 Powers of Minister in default of local education authorities or . . . F233 governors. E+W

(1)If the [F234Secretary of State for Education and Science] is satisfied, either upon complaint by any person interested or otherwise, that any local education authority, or the . . . F233 governors of any county school or voluntary school, have failed to discharge any duty imposed upon them by or for the purposes of this Act, the [F234Secretary of State for Education and Science] may make an order declaring the authority, or the . . . F233 governors, as the case may be, to be in default in respect of that duty, and giving such directions for the purpose of enforcing the execution thereof as appear to the [F234Secretary of State for Education and Science] to be expedient; and any such directions shall be enforceable, on an application made on behalf of the [F234Secretary of State for Education and Science], by mandamus.