- annual report
means the report prepared under the articles of government for the school in accordance with section 30 of the Education (No. 2) Act 1986 or, as the case may be, paragraph 8 of Schedule 6 to this Act.
- appointed day
means the day appointed for the commencement of section 256 of the Education Act 1993, and b references to the date on which a local education authority adopt a syllabus include a reference to the date which the Secretary of State directs is to be the date from which a syllabus prepared under paragraph 11 of this Schedule is to be deemed to be the agreed syllabus.”
- appropriate appointing authority
means, in relation to any aided or special agreement school— (a) the appropriate diocesan authority, if it is a Church of England school, Church in Wales school or Roman Catholic Church school, and (b) in any other case, the person who appoints the foundation governors, • “appropriate authority”, in relation to any county, voluntary or maintained special school, means the school’s governing body or, if the governing body do not have a delegated budget, the local education authority and, in relation to a grant-maintained or grant-maintained special school, means the school’s governing body, • “inspection by a member of the Inspectorate” means a section 9 inspection carried out by a member of the Inspectorate or an inspection under section 2(2)(b), 3(1), 6(2)(b) or 7(1) of that Act, • “member of the Inspectorate” means the Chief Inspector, any of Her Majesty’s Inspectors of Schools in England or, as the case may be, Wales and any additional inspector, and • “section 9 inspection” means an inspection under section 9 of that Act;
- appropriate curriculum authority
means, in relation to England, the School Curriculum and Assessment Authority and, in relation to Wales, the Curriculum Council for Wales.”
- appropriate local authority
has the same meaning as in section 36(9) of the Children Act 1989, and • “education supervision order” means an education supervision order under that Act.
- appropriate person
means the person who gave the relevant advice or any other person who, in the opinion of the authority, is the appropriate person to discuss it with the parent.
- assessment
means an assessment of a child’s educational needs under section 167 of this Act.
- assessment arrangements
has the meaning given by section 2(2)(c) of this Act and “key stage four” means the period referred to in section 3(3)(d) of this Act ”.
- child
includes any person who has not attained the age of nineteen years and is a registered pupil at a school.
- children with special needs
means children who have particular needs which would be special educational needs if those children were in England and Wales.
- Church in Wales school
means a school in the Province of Wales in which the religious education provided is provided in accordance with the faith and practice of the Church in Wales and “appropriate diocesan authority”, in relation to such a school, means the Diocesan Board of Finance for the diocese of the Church in Wales in which the school is situated or such other person as the Secretary of State may by order designate in respect of that diocese, • “Church of England school” means a school in the Province of Canterbury or York in which the religious education provided is provided in accordance with the faith and practice of the Church of England and “appropriate diocesan authority”, in relation to such a school, means the Diocesan Board of Education for the diocese of the Church of England in which the school is situated, • “contract of employment”, “employee” and “employer” have the same meaning as in the Employment Rights Act 1996, and “employed” means employed under a contract of employment, • “the Education Acts” means the Education Acts 1944 to 1996, • “financial year” means a period of twelve months ending with 31st March, • “functions” includes powers and duties, • “la
- Church of England school
means a school in the Province of Canterbury or York in which the religious education provided is provided in accordance with the faith and practice of the Church of England and “appropriate diocesan authority”, in relation to such a school, means the Diocesan Board of Education for the diocese of the Church of England in which the school is situated, • “contract of employment”, “employee” and “employer” have the same meaning as in the Employment Rights Act 1996, and “employed” means employed under a contract of employment, • “the Education Acts” means the Education Acts 1944 to 1996, • “financial year” means a period of twelve months ending with 31st March, • “functions” includes powers and duties, • “land” includes buildings and other structures, land covered with water, and any interest in land, • “liability” includes obligation, • “local authority” means a county council a county borough council, a district council, a London borough council or the Common Council of the City of London, • “local education authority”— (a) in relation to a school maintained or proposed to be maintained by a local education authority, means that authority, and (b) in relat
- commencement order
means, in relation to England, an order under section 308 of this Act and, in relation to Wales, an order under section 4 of this Act, • “the old grants code” means sections 79 and 80 of the Education Reform Act 1988 as they apply in relation to England, and • “the transitory grants code for Wales” means sections 86 to 91 of this Act.
- community use
means the use of school premises (when not required by or in connection with the school) by members of the local community;
- company
means a company formed under the Companies Acts;
- direction
means a direction contained in an order made by the Secretary of State;
- disposal
includes part disposal, and • “net proceeds”, in relation to a disposal, means the amount accruing on the disposal less any expenditure reasonably incurred for the purposes of making it.
- education supervision order
means an education supervision order under that Act.
- employed
means employed under a contract of employment, • “the Education Acts” means the Education Acts 1944 to 1996, • “financial year” means a period of twelve months ending with 31st March, • “functions” includes powers and duties, • “land” includes buildings and other structures, land covered with water, and any interest in land, • “liability” includes obligation, • “local authority” means a county council a county borough council, a district council, a London borough council or the Common Council of the City of London, • “local education authority”— (a) in relation to a school maintained or proposed to be maintained by a local education authority, means that authority, and (b) in relation to a grant-maintained school, means the local education authority for the area in which the school is situated, • “maintained school” means any county school or voluntary school and any maintained special school which is not established in a hospital, • “modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly, • “prescribed” means prescribed by regulations, • “regulations” means regulations made by the Secretary of State, and • “Roman Catholi
- employee
means a person employed in work which brings him regularly into contact with persons who have not attained the age of nineteen years.”
- endowment
includes property not subject to any restriction on the expenditure of capital;
- existing
means in force on the day on which this section comes into force;
- financial year
means a period of twelve months ending with 31st March, • “functions” includes powers and duties, • “land” includes buildings and other structures, land covered with water, and any interest in land, • “liability” includes obligation, • “local authority” means a county council a county borough council, a district council, a London borough council or the Common Council of the City of London, • “local education authority”— (a) in relation to a school maintained or proposed to be maintained by a local education authority, means that authority, and (b) in relation to a grant-maintained school, means the local education authority for the area in which the school is situated, • “maintained school” means any county school or voluntary school and any maintained special school which is not established in a hospital, • “modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly, • “prescribed” means prescribed by regulations, • “regulations” means regulations made by the Secretary of State, and • “Roman Catholic Church school” means a school in which the religious education provided is provided in accordance with the faith and pra
- first governor
means a person who is selected under section 73(1), or nominated under section 75(1), of this Act and appears to the persons selecting or nominating him to be committed to the good government and continuing viability of the school.
- foundation governor
means a person who—
- functions
includes powers and duties, • “land” includes buildings and other structures, land covered with water, and any interest in land, • “liability” includes obligation, • “local authority” means a county council a county borough council, a district council, a London borough council or the Common Council of the City of London, • “local education authority”— (a) in relation to a school maintained or proposed to be maintained by a local education authority, means that authority, and (b) in relation to a grant-maintained school, means the local education authority for the area in which the school is situated, • “maintained school” means any county school or voluntary school and any maintained special school which is not established in a hospital, • “modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly, • “prescribed” means prescribed by regulations, • “regulations” means regulations made by the Secretary of State, and • “Roman Catholic Church school” means a school in which the religious education provided is provided in accordance with the faith and practice of the Roman Catholic Church and “appropriate diocesan authority”, in
- Governing body in liquidation
means a governing body in respect of which any order has been made under this section.
- grant-maintained school
includes a grant-maintained special school.
- inspection by a member of the Inspectorate
means a section 9 inspection carried out by a member of the Inspectorate or an inspection under section 2(2)(b), 3(1), 6(2)(b) or 7(1) of that Act, • “member of the Inspectorate” means the Chief Inspector, any of Her Majesty’s Inspectors of Schools in England or, as the case may be, Wales and any additional inspector, and • “section 9 inspection” means an inspection under section 9 of that Act;
- key stage four
means the period referred to in section 3(3)(d) of this Act ”.
- land
includes buildings and other structures, land covered with water, and any interest in land, • “liability” includes obligation, • “local authority” means a county council a county borough council, a district council, a London borough council or the Common Council of the City of London, • “local education authority”— (a) in relation to a school maintained or proposed to be maintained by a local education authority, means that authority, and (b) in relation to a grant-maintained school, means the local education authority for the area in which the school is situated, • “maintained school” means any county school or voluntary school and any maintained special school which is not established in a hospital, • “modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly, • “prescribed” means prescribed by regulations, • “regulations” means regulations made by the Secretary of State, and • “Roman Catholic Church school” means a school in which the religious education provided is provided in accordance with the faith and practice of the Roman Catholic Church and “appropriate diocesan authority”, in relation to such a school, means the bish
- liability
includes obligation, • “local authority” means a county council a county borough council, a district council, a London borough council or the Common Council of the City of London, • “local education authority”— (a) in relation to a school maintained or proposed to be maintained by a local education authority, means that authority, and (b) in relation to a grant-maintained school, means the local education authority for the area in which the school is situated, • “maintained school” means any county school or voluntary school and any maintained special school which is not established in a hospital, • “modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly, • “prescribed” means prescribed by regulations, • “regulations” means regulations made by the Secretary of State, and • “Roman Catholic Church school” means a school in which the religious education provided is provided in accordance with the faith and practice of the Roman Catholic Church and “appropriate diocesan authority”, in relation to such a school, means the bishop of the Roman Catholic diocese in which the school is situated.
- local authority
means a county council a county borough council, a district council, a London borough council or the Common Council of the City of London, • “local education authority”— (a) in relation to a school maintained or proposed to be maintained by a local education authority, means that authority, and (b) in relation to a grant-maintained school, means the local education authority for the area in which the school is situated, • “maintained school” means any county school or voluntary school and any maintained special school which is not established in a hospital, • “modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly, • “prescribed” means prescribed by regulations, • “regulations” means regulations made by the Secretary of State, and • “Roman Catholic Church school” means a school in which the religious education provided is provided in accordance with the faith and practice of the Roman Catholic Church and “appropriate diocesan authority”, in relation to such a school, means the bishop of the Roman Catholic diocese in which the school is situated.
- local education authority
means a local education authority in Wales.
- maintained school
means any county school or voluntary school and any maintained special school which is not established in a hospital, • “modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly, • “prescribed” means prescribed by regulations, • “regulations” means regulations made by the Secretary of State, and • “Roman Catholic Church school” means a school in which the religious education provided is provided in accordance with the faith and practice of the Roman Catholic Church and “appropriate diocesan authority”, in relation to such a school, means the bishop of the Roman Catholic diocese in which the school is situated.
- member of the Inspectorate
means the Chief Inspector, any of Her Majesty’s Inspectors of Schools in England or, as the case may be, Wales and any additional inspector, and • “section 9 inspection” means an inspection under section 9 of that Act;
- modifications
includes additions, alterations and omissions and “modify” shall be construed accordingly, • “prescribed” means prescribed by regulations, • “regulations” means regulations made by the Secretary of State, and • “Roman Catholic Church school” means a school in which the religious education provided is provided in accordance with the faith and practice of the Roman Catholic Church and “appropriate diocesan authority”, in relation to such a school, means the bishop of the Roman Catholic diocese in which the school is situated.
- non-maintained special school
means a special school not maintained by a local education authority.
- parent governor
means—
- powers to make proposals for the establishment, alteration and discontinuance of schools
means all or any of the powers to publish proposals under sections 48, 97 or 105 of this Act or give notice of proposals under section 183 of this Act.
- powers to make proposals for the establishment, alteration or discontinuance of schools
means—
- premises
includes any interest in or easement, right or charge in, to or over premises, • “reception class” means a class in which education is provided which is suitable to the requirements of pupils aged five and any pupils under or over that age whom it is expedient to educate together with pupils of that age, and • “registered”, in relation to parents or pupils, or their names or addresses, means shown in the register kept under section 80 of the Education Act 1944.
- prescribed
means prescribed by regulations, • “regulations” means regulations made by the Secretary of State, and • “Roman Catholic Church school” means a school in which the religious education provided is provided in accordance with the faith and practice of the Roman Catholic Church and “appropriate diocesan authority”, in relation to such a school, means the bishop of the Roman Catholic diocese in which the school is situated.
- primary school
means, subject to regulations under section 1 of the Education Act 1964, a school for providing primary education, whether or not it also provides further education) before “further education” there is inserted “ part-time education suitable to the requirements of junior pupils or ”.
- proper consultations
means consultations with the governing bodies of every school—
- proprietor
has the same meaning as in the Education Act 1944.”
- pupil
means a person for whom education is provided at a school or for whom school education is provided by an education authority otherwise than at a school. 5A Subsection (1) above applies to a pupil-”
- reception class
means a class in which education is provided which is suitable to the requirements of pupils aged five and any pupils under or over that age whom it is expedient to educate together with pupils of that age, and • “registered”, in relation to parents or pupils, or their names or addresses, means shown in the register kept under section 80 of the Education Act 1944.
- registered
means shown in the register kept under section 80 of the Education Act 1944.
- regulations
means regulations made by the Secretary of State, and • “Roman Catholic Church school” means a school in which the religious education provided is provided in accordance with the faith and practice of the Roman Catholic Church and “appropriate diocesan authority”, in relation to such a school, means the bishop of the Roman Catholic diocese in which the school is situated.
- relevant advice
means such of the advice given to the authority in connection with the assessment as they consider to be relevant to that part of the assessment with which the parent disagrees, and • “appropriate person” means the person who gave the relevant advice or any other person who, in the opinion of the authority, is the appropriate person to discuss it with the parent.
- relevant grant-maintained schools
means those grant-maintained schools within the area of the local education authority to which section 138 or 139 of this Act applies.
- relevant school
means a relevant school at which the religious education provided for in the scheme or order, as the case may be, is or is to be provided;
- religious education
means religious education in accordance with the tenets of a particular religion or religious denomination;
- religious education fund
includes a Sunday school fund.
- requirement for Christian collective worship
means the requirement imposed by section 7(1) of this Act or, as the case may be, section 138(2) of the Education Act 1993.”
- responsible body
has the same meaning as in section 22 of the 1975 Act, • “the 1975 Act” means the Sex Discrimination Act 1975, and • “transitional exemption order” has the same meaning as in section 27 of the 1975 Act, and references to proposals for a school to cease to be an establishment which admits pupils of one sex only are references to proposals which are or include proposals for such an alteration in a school’s admissions arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex establishments turning co-educational).
- Roman Catholic Church school
means a school in which the religious education provided is provided in accordance with the faith and practice of the Roman Catholic Church and “appropriate diocesan authority”, in relation to such a school, means the bishop of the Roman Catholic diocese in which the school is situated.
- school
means an institution providing primary or secondary education, whether or not it also provides further education, etc.) before “further education” there is inserted “ part-time education suitable to the requirements of junior pupils ”.
- school hours
means any time during a school session or during a break between sessions on the same day;
- school year
means the period beginning with the first school term to begin after July and ending with the beginning of the next school year.”
- section 9 inspection
means an inspection under section 9 of that Act;
- special educational provision
means—
- specified
means specified in the proposals for acquisition of grant-maintained status or, as the case may be, the proposals for the establishment of a new grant-maintained school.
- sponsor governor
means a person appointed by a person named as a sponsor of the school in the proposals for acquisition of grant-maintained status.
- statement
means a statement of a child’s special educational needs under section 168 of this Act.
- suitable education
has the meaning given by section 192(8) of this Act.
- Teacher governor
means a person who—
- the 1975 Act
means the Sex Discrimination Act 1975, and • “transitional exemption order” has the same meaning as in section 27 of the 1975 Act, and references to proposals for a school to cease to be an establishment which admits pupils of one sex only are references to proposals which are or include proposals for such an alteration in a school’s admissions arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex establishments turning co-educational).
- the appointing authority
means the person entitled to appoint the first or, as the case may be, foundation governors on the governing body or, if more than one person is so entitled, the persons so entitled acting jointly.
- the appropriate number
means not less than two or, if all but one of the schools in the group fall within paragraph 2(2)(a) above, at least one.
- the area
means the diocese or other geographical area within which the trust assets may be applied under the scheme or order, as the case may be;
- the Companies Acts
means the Companies Act 1985, the Companies Act 1948 or any Act repealed by that Act of 1948;
- 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;
- the discontinuance date
means—
- the Education Acts
means the Education Acts 1944 to 1996, • “financial year” means a period of twelve months ending with 31st March, • “functions” includes powers and duties, • “land” includes buildings and other structures, land covered with water, and any interest in land, • “liability” includes obligation, • “local authority” means a county council a county borough council, a district council, a London borough council or the Common Council of the City of London, • “local education authority”— (a) in relation to a school maintained or proposed to be maintained by a local education authority, means that authority, and (b) in relation to a grant-maintained school, means the local education authority for the area in which the school is situated, • “maintained school” means any county school or voluntary school and any maintained special school which is not established in a hospital, • “modifications” includes additions, alterations and omissions and “modify” shall be construed accordingly, • “prescribed” means prescribed by regulations, • “regulations” means regulations made by the Secretary of State, and • “Roman Catholic Church school” means a school in which the religious educa
- The incorporation date
means the date on which the governing body are incorporated.
- the old grants code
means sections 79 and 80 of the Education Reform Act 1988 as they apply in relation to England, and • “the transitory grants code for Wales” means sections 86 to 91 of this Act.
- the provisions relating to the transfer of property
means section 38 of this Act and section 198 of, and Schedule 10 to, the Education Reform Act 1988, and
- the relevant resolution or request
means the resolution under section 25, or request under section 26, of this Act by reference to which the ballot is required to be held (or, where the ballot is a second ballot held by virtue of section 30 of this Act, by reference to which the first ballot was required to be held).
- the relevant trust assets
means the endowments in respect of which the trustees have adopted the uniform statutory trusts, including the income derived therefrom.
- the repealed enactments
means the enactments specified in Part I of Schedule 21 to this Act.
- the required provision for religious education
means the provision for religious education for pupils at the school which is required as mentioned in paragraph (a)(i) above, and c references to collective worship are references to collective worship required by section 6 of that Act.”
- the responsible person
means—
- the transitory grants code for Wales
means sections 86 to 91 of this Act.
- 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.”
- transitional exemption order
has the same meaning as in section 27 of the 1975 Act, and references to proposals for a school to cease to be an establishment which admits pupils of one sex only are references to proposals which are or include proposals for such an alteration in a school’s admissions arrangements as is mentioned in section 27(1) of the 1975 Act (single-sex establishments turning co-educational).
- trustees of the school
means any person (other than the governing body) holding property on trust for the purposes of the school.
- walking distance
means— in each case measured by the nearest available route.
- year
means a period of twelve months and “proprietor” has the same meaning as in the Education Act 1944.”