- a non-maintained special school
means a school that is approved under section 342;
- a sixth-form pupil
means a pupil who—
- academic year
has the same meaning as in section 509AC in the case of local authorities in England.
- Academy
means an educational institution to which Academy arrangements relate;
- Academy arrangements
has the meaning given by section 1 of the Academies Act 2010;
- Academy order
means an order under section 4 of that Act;
- additional learning needs
has the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;
- additional learning provision
has the meaning given by section 3 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;
- adult
means a person who is neither a child nor a person of sixth form age, • “sixth form age” is to be construed in accordance with section 509AC(1), and • “relevant young adult” means an adult for whom an EHC plan is maintained.
- Affected body
means—
- agreed syllabus
means a syllabus of religious education— whether it is for use in all the schools maintained by them or for use in particular such schools or in relation to any particular class or description of pupils in such schools.
- amendment notice
has the meaning given in paragraph 2A, • “statement” means a statement under section 324, • “periodic review” means a review conducted in accordance with section 328(5)(b), and • “re-assessment review” means a review conducted in accordance with section 328(5)(a).
- an assessment
means an assessment for the purposes of determining the achievements of persons entered for the examination in question;
- appeal
means an appeal mentioned in section 307A;
- appeal committee
means an appeal committee constituted for the purposes of an appeal in accordance with the instrument of government of the school;
- apprenticeship training
means training provided in connection with— (aa) an approved English apprenticeship agreement (within the meaning given in section A1(3) of that Act), (a) an apprenticeship agreement (within the meaning given in section 32 of the Apprenticeships, Skills, Children and Learning Act 2009), (b) any other contract of employment,...
- appropriate authority
means—
- appropriate education
means education which offers such variety of instruction and training as may be desirable in view of— including practical instruction and training appropriate to their different needs.
- appropriate national authority
means—
- Appropriate person
means—
- arrangement
means an arrangement made under section 96 or 97 for the constitution of a temporary governing body;
- assessment
means an assessment of a child’s educational needs under section 323.
- authorised officer
means— (a) a constable, (b) an officer of a local authority... who is authorised by the authority to give penalty notices, or (c) an authorised staff member, • “authorised staff member” means— (a) a head teacher of a relevant school..., or (b) a member of the staff of a relevant school... who is authorised by the head teacher of the school to give penalty notices, • “penalty” means a penalty under a penalty notice, • “penalty notice” has the meaning given by section 444A(2), • “relevant school” means— (a) a maintained school, (b) a pupil referral unit, (c) an Academy school, (ca) an alternative provision Academy, (d) a city technology college, or (e) a city college for the technology of the arts.
- authorised person
means—
- authorised staff member
means— (a) a head teacher of a relevant school..., or (b) a member of the staff of a relevant school... who is authorised by the head teacher of the school to give penalty notices, • “penalty” means a penalty under a penalty notice, • “penalty notice” has the meaning given by section 444A(2), • “relevant school” means— (a) a maintained school, (b) a pupil referral unit, (c) an Academy school, (ca) an alternative provision Academy, (d) a city technology college, or (e) a city college for the technology of the arts.
- belief
means any religious or philosophical belief,
- boarder
includes a pupil who boards during the week but not at weekends;
- Breakfast club provision
means—
- child
means a person who is not over compulsory school age;
- childcare
has the meaning given by section 18 of the Childcare Act 2006;
- clothing
includes footwear;
- company
means a company as defined in section 1(1) of the Companies Act 2006;
- Compulsory school age
means any age between five and 16, so that—
- connected school travelling time
means time spent during school hours by the pupils taking part in the educational activity concerned in getting to or from the place where the activity takes place.
- costs aspects of school uniform policies
means any aspects of school uniform policies that the Secretary of State considers relevant to the costs of school uniforms.
- day nursery
means a day nursery provided under section 18 of the Children Act 1989 (provision by local authorities of day care for pre-school and other children) or sections 37 to 39 of the Social Services and Well-being (Wales) Act 2014 (meeting care and support needs of children);
- delegated budget
has the same meaning as in the School Standards and Framework Act 1998;
- detained person
has the meaning given by section 562A(3);
- Disabled child
means a child who has a disability for the purposes of the Equality Act 2010, and “disability” is to be construed accordingly.
- disabled person
has the same meaning as in the Equality Act 2010;
- education
includes full-time and part-time education;
- education functions
means the functions specified in Schedule 36A;
- education supervision order
means an education supervision order under that Act.
- electronic communication
has the same meaning as in the Electronic Communications Act 2000.
- eligible child
means a child who falls within any of paragraphs 2 to 7 or 9 to 13.
- eligible expenditure
means expenditure of any class or description for the time being specified in regulations, being expenditure for or in connection with educational purposes which it appears to the National Assembly for Wales that local authorities should be encouraged to incur in the interests of education in...
- enactment
includes any byelaw, regulation or other provision having effect under an enactment.
- endowment
has the same meaning as in section 554.
- establishment
means an establishment of any kind, including a school or institution;
- financial year
means a period of twelve months ending with 31st March;
- First governor
means—
- Foundation governor
means a person who—
- functions
includes powers and duties;
- funded education
means education provided under arrangements made by a local authority in pursuance of the duties imposed by section 19(1) and (4) or section 19A(1) and (4) (duty to make special arrangements for provision of education for children of compulsory school age and young persons who may otherwise not receive suitable education), other than such education provided at a school;
- funding period
has the meaning given by section 45(1B) of the School Standards and Framework Act 1998.
- further education
means— except that it does not include secondary education or (in accordance with subsection (7)) higher education.
- governing body
means the governing body of a county, voluntary or maintained special school, and • “school” means a county, voluntary or maintained special school.
- half day
means any period of 12 hours ending with noon or midnight on any day.
- head teacher
includes acting head teacher;
- higher education
means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988;
- income-related employment and support allowance
means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance);
- independent school
means any school at which full-time education is provided for— and which is not a school maintained by a local authoritynon-maintained special school.
- individual child information
means information relating to and identifying individual children for whom funded education is being or has been provided, whether obtained under subsection (1) or otherwise;
- individual development plan
means a plan within Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018;
- individual pupil information
means information relating to and identifying individual pupils or former pupils at any school within subsection (1), whether obtained under subsection (1) or otherwise;
- information collator
means any body which, for the purposes of or in connection with the functions of the Secretary of State relating to funded education, is responsible for collating or checking information relating to children for whom such education is provided.
- junior pupil
means a child who has not attained the age of 12;
- land
includes buildings and other structures, land covered with water, and any interest in land;
- liability
includes obligation;
- local authority
means— (a) a local authority in England;
- local authority in England
means— (a) a county council in England;
- local authority in Wales
means— (a) a county council in Wales;
- local government elector
has the meaning given by section 270(1) of the Local Government Act 1972;
- looked after child
means a person who, for the purposes of the Children Act 1989 or the Social Services and Well-being (Wales) Act 2014 is a child looked after by a local authority;
- maintained nursery school
has the meaning given by section 22(9) of the School Standards and Framework Act 1998;
- maintained school
includes a community or foundation special school established in a hospital.
- member of the security staff
means a member of the staff whose work at the school consists wholly or mainly of security-related activities;
- middle school
means a school which, in pursuance of proposals published under any of the enactments specified in subsection (3A), has been established as, or altered so as to become, a school for providing full-time education suitable to the requirements of pupils who—
- modifications
includes additions, alterations and omissions and “modify” shall be construed accordingly;
- non-maintained special school
has the meaning given by section 337A.
- offence
includes anything that would be an offence but for the operation of any presumption that a person under a particular age is incapable of committing an offence.
- organised leisure-time occupation
means leisure-time occupation, in such organised 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.
- out-of-school education
means any programme or course of education, or any other kind of structured education, that is provided otherwise than as part of the education provided by a relevant school (within the meaning of section 436B);
- outer clothing
means— (a) any item of clothing that is being worn otherwise than wholly next to the skin or immediately over a garment being worn as underwear;
- parent governor
means a governor elected or appointed as a parent governor under regulations made under section 19 of the Education Act 2002 (governing bodies).
- parental declaration
means a declaration to be signed by a parent seeking the admission of his child to the school by which he acknowledges and accepts the parental responsibilities specified in the partnership document.
- parental responsibility
has the same meaning as in the Children Act 1989.
- penalty
means a penalty under a penalty notice, • “penalty notice” has the meaning given by section 444A(2), • “relevant school” means— (a) a maintained school, (b) a pupil referral unit, (c) an Academy school, (ca) an alternative provision Academy, (d) a city technology college, or (e) a city college for the technology of the arts.
- penalty notice
has the meaning given by section 444A(2), • “relevant school” means— (a) a maintained school, (b) a pupil referral unit, (c) an Academy school, (ca) an alternative provision Academy, (d) a city technology college, or (e) a city college for the technology of the arts.
- post-school education
means— a in England and Wales, “higher education” as defined by section 120(1) of the Education Reform Act 1988 or “further education” as defined by section 2(3) to (5) of the Education Act 1996;
- powers to make proposals for the establishment, alteration and discontinuance of schools
means all or any of the powers to publish proposals under sections 211, 260 or 268 or give notice of proposals under section 339.
- premises
includes a teacher’s dwelling-house.
- prescribed
(except in Chapter 5A) means prescribed by regulations;
- prescribed amount of time
means an amount of time prescribed—
- prescribed requirement
means a requirement of regulations under section 542.
- primary education
means—
- primary pupil
means a pupil receiving primary education (or receiving education that would be primary education if it were full-time education);
- primary school
means (subject to regulations under subsection (4)) a school for providing primary education, whether or not it also provides further education.
- prospective sponsor
means a person who is to be named in the instrument of government as a sponsor of the school in question.
- Protected child
has the meaning given for the purposes of paragraph 5.
- provision for education
includes provision of any benefits or services for which provision is made by or under this Act or any other enactment relating to education.
- pupil
means a person for whom education is being provided at a school, other than—
- qualifying scheme
means a scheme in force on 1st January 1994 (the date when section 287 of the Education Act 1993 came into force);
- qualifying school
has the same meaning as it has for the purposes of Schedule 35B (meaning of “eligible child” for the purposes of section 508B).
- re-assessment review
means a review conducted in accordance with section 328(5)(a).
- reception
means a year group in which the majority of children will, in the school year, attain the age of 5;
- recreation
includes physical training (and “recreational” is to be construed accordingly);
- register
means a register of births or register of deaths kept under that Act, • “registrar” includes a registrar of births and deaths and a superintendent registrar. • “the relevant registrar” for a register means— (a) in the case of a register in hard copy form (within the meaning of the Births and Deaths Registration Act 1953), the superintendent registrar having custody of the register;
- registered
means shown in the register kept under section 434.
- registered early years provider
means a person registered under Part 3 of the Childcare Act 2006.
- registrar
includes a registrar of births and deaths and a superintendent registrar. • “the relevant registrar” for a register means— (a) in the case of a register in hard copy form (within the meaning of the Births and Deaths Registration Act 1953), the superintendent registrar having custody of the register;
- regulations
means—
- 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 arrangements
means arrangements that require the approval of the Secretary of State by virtue of section 342(5)(a).
- relevant authority
means— (a) the Greater London Authority, (b) a local authority in England, (c) a combined authority established under Part 6 of the Local Democracy, Economic Development and Construction Act 2009, or (d) a combined county authority established under Chapter 1 of Part 2 of the Levelling-up and Regeneration Act 2023;
- relevant curriculum
means—
- relevant early years education
means—
- relevant examinations
means any public examinations or other assessments for which the child has been entered.
- relevant school
means a relevant school, Academy school, alternative provision Academy, city technology college or city college for the technology of the arts, at which the religious education provided for in the scheme or order, as the case may be, is or is to be provided;
- relevant training function
means a function relating to the provision of training.
- relevant young adult
means an adult for whom an EHC plan is maintained.
- relevant young adult transport complaint
means a complaint that is— and “relevant young adult” has the meaning given in section 508F.
- religion
means any religion,
- Religion, Values and Ethics
has the same meaning as in the Curriculum and Assessment (Wales) Act 2021.
- 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.
- repeal
includes (so far as the context permits) revoke or revocation.
- residential trip
means any trip—
- school
means an educational institution which is outside the further education sector and the wider higher education sector and is an institution for providing— whether or not the institution also provides further education.
- school lunch
has the same meaning as in section 512 above;
- school rules
means—
- School uniform
means a bag and any clothing required for school or for any lesson, club, activity or event facilitated by the school.
- secondary education
means—
- secondary pupil
means a pupil receiving secondary education (or receiving education that would be secondary education if it were full-time education);
- secondary school
means (subject to regulations under subsection (4)) a school for providing secondary education, whether or not it also provides further education.
- senior pupil
means a person who has attained the age of 12 but not the age of 19.
- sex education
includes education about— (a) Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus, and (b) any other sexually transmitted disease;
- shown
means shown to the satisfaction of the Secretary of State.
- sixth form transport complaint
means a complaint that is— and “sixth form age” is to be construed in accordance with section 509AC(1).
- specified
means specified in an order under this section.
- Specified early years education
means—
- 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.
- statutory relationships and sex education
means education required to be provided at a school in England under section 80(1)(d) of the Education Act 2002.
- suspend
means suspend without loss of emoluments;
- Teacher governor
means a person who—
- the applicable food standards duty
means— (a) the duty imposed by section 114A(4) of SSFA 1998 (including as applied in relation to a non-maintained special school by regulations under section 342(4)(a) of this Act), or (b) in relation to an Academy school or an alternative provision Academy, a duty contained in Academy arrangements relating to the school that is equivalent to the duty imposed by section 114A(4) of SSFA 1998 (see section 512C of this Act);
- the appointed day
has the meaning given by section 20(7) of the School Standards and Framework Act 1998.
- the appropriate authority
means— (a) in relation to an Academy school, an alternative provision Academy, a non-maintained special school, a city technology college or a city college for the technology of the arts, the proprietor;
- the appropriate fee
means the fee payable to the relevant registrar for a register for a certified copy of an entry in the register by virtue of section 38A of the Births and Deaths Registration Act 1953;
- the 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.
- the appropriate national authority
means—
- 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), 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 council
means the standing advisory council on religious education constituted by a local authority under section 390.
- the Education Acts
means this Act together with the following Acts—
- the former grants code
means sections 79 and 80 of the Education Reform Act 1988 (maintenance, special purpose and capital grants) in their application to England.
- the general expenditure amount
means the amount of which particulars are required to be given by paragraph 5(1)(b).
- the general staff appointment provisions
means the following provisions of Schedule 13—
- the initial pupil number
means the number of registered pupils at the school in question which is required under the scheme to be used in applying the allocation formula under the scheme for initial determination of the school’s budget share for the year.
- the National Curriculum
(without more) means— (a)..., the National Curriculum for England,...
- the pre-1993 Act enactments
means the enactments specified in Part I of Schedule 21 to the Education Act 1993 (repeals).
- the relevant commencement date
means such day as the Secretary of State may by order appoint in relation to that paragraph;
- the relevant enactments
means—
- the relevant person
means one or more of the following—
- 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 report
means a governors’ report prepared under section 161.
- the scheme
means the scheme referred to in section 122(1).
- the school
means a county, controlled or special agreement school at any time when it has a delegated budget.
- the specified person
means—
- the times of the school sessions
means the times at which each of the school sessions (or, if there is only one, the school session) is to begin and end on any day.
- training
includes— (a) full-time and part-time training;
- trust deed
includes any instrument (other than an instrument of government) regulating the constitution of the school’s governing body or the maintenance, management or conduct of the school;
- use for appropriate educational purposes
means use for educational purposes in connection with the provision of religious education or teaching and learning in Religion, Values and Ethics in accordance with the tenets of the religion or denomination concerned (including in particular, but without prejudice to the generality of the foregoing, use for any purpose specified in Schedule 36).
- Walking distance
has the meaning given by section 444(5).
- year 1
means a year group in which the majority of children will, in the school year, attain the age of 6;
- year 2
means a year group in which the majority of children will, in the school year, attain the age of 7;
- year group
means a group of children at a school the majority of whom will, in a particular school year, attain the same age.
- young person
means a person over compulsory school age but under the age of 18.