- a normally constituted governing body
means a governing body constituted in accordance with regulations made by virtue of section 19 of EA 2002 (governing bodies).
- a relevant body
means— a a local authority, b the governing body of any relevant school in England at which the pupil to whom the application relates is a pupil or from which he has been excluded.”
- a temporarily excluded pupil
means a pupil who is or has been excluded on disciplinary grounds for a fixed period.
- ability
means either general ability or ability in any particular subject or subjects;
- 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 school
has the meaning given by section 1A of the Academies Act 2010;
- activities
includes—
- admission arrangements
has the meaning given by section 88(2) of SSFA 1998;
- agreed relevant capital expenditure
means— a in a case where— i no notice of objection to the proposed use of the publicly funded proceeds of disposal was given by the authority in accordance with paragraph A2(7)(b), or ii such a notice was so given and was then withdrawn in accordance with paragraph A2(9), the relevant capital expenditure specified in the notification of the disposal given to the authority under paragraph A2(4), and b in a case where such notice of objection was so given and was not withdrawn, the relevant capital expenditure upon which the publicly funded proceeds of disposal are to be used as determined in accordance with paragraph A3(2). 7 The “remaining publicly funded proceeds of disposal” means the amount of the publicly funded proceeds of disposal which remains after deducting the “appropriate amount” (if any) determined in accordance with paragraph A3(3). 8 Sub-paragraphs (3), (4) and (5) are subject to paragraph A2(13) (restriction on use of publicly funded proceeds of disposal where notices given under paragraph A2(7)(b) or (c)).
- alternative provision Academy
has the meaning given by section 1C of that Act;
- appropriate authority
has the same meaning as in section 167A of EA 2002;
- appropriate body
means, in relation to the admission arrangements determined by an admission authority— a any body or person whom the admission authority were required to consult under subsection (2) of section 89, or would but for subsection (2A) of that section have been required to consult, and b in the case of admission arrangements determined by an admission authority for a maintained school in England, the admission forum for the area of the local authority in which the school is situated.”
- appropriate diocesan authority
has the same meaning as in SSFA 1998;
- authorised officer
means— (a) a constable, (b) an officer of a local authority in England 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 in England, or (b) a member of the staff of a relevant school in England who is authorised by the head teacher of the school to give penalty notices;
- belief
means any religious or philosophical belief, c a reference to religion includes a reference to lack of religion, and d a reference to belief includes a reference to lack of belief.”
- CAFCASS
means the Children and Family Court Advisory and Support Service, and
- capital expenditure
means expenditure of the governing body in question which falls to be capitalised in accordance with proper accounting practices;”
- careers guidance
includes guidance about undertaking any training, education, employment or occupation;
- charity
has the same meaning as in the Charities Act 1993;
- Chief Inspector
means Her Majesty's Chief Inspector of Education, Children's Services and Skills;
- child
means a person aged under 18, and references to “children” are to be read accordingly;
- children
means persons under the age of 18;
- Church of England Academy
means an Academy in the Province of Canterbury or York in relation to which the religion or religious denomination specified in the order designating the Academy as having a religious character is “Church of England” and “appropriate diocesan authority”, in relation to such an Academy, means the Diocesan Board of Education for the diocese of the Church of England in which the school is situated, and
- coasting
means in relation to a school to which this section applies.
- combined authority
means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
- combined county authority
means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.
- community or foundation special school
means a community special school or a foundation special school;
- disciplinary penalty
has the meaning given by section 90;
- document
means anything in which information of any description is recorded, including personal records as defined by section 12 of the Police and Criminal Evidence Act 1984 (c. 60);
- domestic premises
means premises which are used wholly or mainly as a private dwelling;
- enactment
includes an enactment comprised in subordinate legislation;
- English local authority
means— (a) a county council in England, (b) a metropolitan district council, (c) a non-metropolitan district council for an area for which there is no county council, (d) a London borough council, (e) the Common Council of the City of London, or (f) the Council of the Isles of Scilly;
- exempt institution
has the meaning given by section 125(1B).
- exempt proprietor
has the meaning given by section 122A(3).
- federated school
has the meaning given by section 24(2) of EA 2002.
- foundation
means a foundation established otherwise than under SSFA 1998.
- foundation body in England
means a foundation body where each of the schools comprising the group of schools for which the foundation body acts is maintained by a local education authority in England. 3 But this paragraph does not apply to any disposal which— a is made by a foundation body after the commencement of this sub-paragraph, and b is a disposal to the trustees of a foundation or foundation special school made on the school leaving the group for which the foundation body acts and becoming a school with a foundation established otherwise than under this Act. 4 Sub-paragraph (1)(g) does not apply in the case of any expenditure incurred on or after the appointed day unless the authority— a prepared an appropriate statement in relation to the expenditure, and b sent a copy of the statement to the foundation body either before, or no later than 12 months after, the expenditure was incurred. 5 An “appropriate statement” in relation to expenditure is a statement in writing which— a contains details of the amount of the expenditure, the acquisition or works funded (or to be funded) by such expenditure, and the total cost (or estimated total cost) of that acquisition or those wor
- foundation body in Wales
means a foundation body where each of the schools comprising the group of schools for which the foundation body acts is maintained by a local education authority in Wales.”
- functions
includes powers and duties;
- funded education
means education provided under arrangements made by a local education authority in pursuance of the duties imposed by section 19(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;
- further education body
means— (a) a further education corporation (as defined by section 17(1) of the Further and Higher Education Act 1992 (c. 13)) in England, (aa) a sixth form college corporation (as defined in section 90 of that Act), or (b) the governing body of a designated institution (as defined by section 28(4) of that Act) in England which is a body incorporated by virtue of section 143(4) of the Learning and Skills Act 2000 (c. 21);
- grammar school
has the meaning given by section 104(7) of SSFA 1998;
- HMI
means one of Her Majesty's Inspectors of Education, Children's Services and Skills;
- 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;
- 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.”
- inspection functions
means functions relating to, or connected with, inspections.
- institution
has the same meaning as in the Charities Act 1993;
- leave
means leave granted by a person authorised to do so by the governing body or proprietor of the school;
- local authority
includes a non-metropolitan district council for an area for which there is a county council.
- local authority in England
means— (a) a county council in England;
- mainstream school
means community, foundation or voluntary school.
- maintained school
means— (a) a community, foundation or voluntary school;
- 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— a have attained a specified age below 10 years and six months, and b are under a specified age above 12 years. 3A The enactments mentioned in subsection (3) are— a in relation to England— i section 28 or 28A of, or paragraph 5 of Schedule 7 to, the School Standards and Framework Act 1998, ii section 66 of, or paragraph 7 of Schedule 11 to, the Education Act 2005, and iii section 7, 10, 11 or 19 of the Education and Inspections Act 2006;
- modify
includes amend or repeal;
- Non-playing field land
means land which does not include playing fields within the meaning of section 77. 3 Accordingly, in this paragraph, paragraphs A3 to A5 and paragraph A19— a references to the disposal are to the disposal by the governing body of the non-playing field land, and b references to the land are to that non-playing field land. 4 The governing body must give the local education authority notice of their intention to dispose of the land. 5 That notification must specify— a the relevant capital expenditure upon which it is proposed the publicly funded proceeds of disposal are to be used, and b the estimated amount of the proceeds of disposal. 6 For the purposes of this paragraph and paragraphs A3 and A4, the “publicly funded proceeds of disposal” means the proceeds of disposal which are attributable to the land having been acquired or enhanced in value, or both, as the case may be, as mentioned in the relevant paragraph or paragraphs of sub-paragraph (1) of paragraph A1. 7 The authority may, within the requisite period, give the governing body any or all of the following— a notice of their objection to the disposal, giving reasons for their objection;
- 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.
- parent
has the meaning given by section 576 of that Act;
- parents
includes persons—
- penalty
means a penalty under a penalty notice;
- penalty notice
has the meaning given by section 105(2);
- place other than school premises
means a place other than the premises of any school maintained by a local authority. 10 References in this section to food or drink provided by a local authority or the governing body of a school include references to food or drink provided in pursuance of an agreement or other arrangement made by such an authority or body for the provision of food or drink.”
- prescribed
means prescribed by regulations under this section;
- proposals
means proposals published under any of those sections.
- public place
means— (a) any highway, and (b) any place to which at the material time the public or any section of the public have access, on payment or otherwise, as of right or by virtue of express or implied permission;
- publicly funded proceeds of disposal
means the proceeds of disposal which are attributable to the land having been acquired or enhanced in value, or both, as the case may be, as mentioned in the relevant paragraph or paragraphs of sub-paragraph (1) of paragraph A1. 7 The authority may, within the requisite period, give the governing body any or all of the following— a notice of their objection to the disposal, giving reasons for their objection;
- purpose
includes object. 23B 1 Regulations may make provision enabling the Secretary of State in prescribed cases by direction— a to remove any charity trustee of a school to which section 23A applies, even though the person is not disqualified by virtue of subsection (9) of that section;
- 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). 3F Subsection (4) applies where the child's home is in Wales.”
- recreation
includes physical training (and “recreational” is to be construed accordingly);
- regulations
means regulations made by the Welsh Ministers;
- relevant age group
has the same meaning as in SSFA 1998.
- relevant authority
means—
- relevant functions
means the functions described in any of paragraphs (a), (c), (d) or (e) of subsection (1) of section 135 of the Education and Inspections Act 2006. 10 Before making a transfer order the adjudicator must consult the body or trustees holding the land in relation to which the application for the transfer order is made. 11 In determining whether to make a transfer order, the adjudicator must have regard, in particular, to any guidance given from time to time by the Secretary of State. 12 Where a transfer order is made, the authority must use the land to which it relates for the stated purpose. 13 A transfer order made by the adjudicator may be varied or revoked by a further order made by the adjudicator if— a an application for its variation or revocation is made to him by a relevant person in relation to the order, and b before making the further order, the adjudicator consults such persons as he considers appropriate. 14 A “relevant person” in relation to a transfer order means— a the local education authority who applied for the transfer order, or b the body or trustees who held the land to which the order relates. 15 In determining whether to make an applicatio
- relevant local education authority
means the local education authority to whom notice of the disposal in question is required to be given under paragraph A2, A8 or A14. 3 In the event of conflict between the accounting practices falling within paragraph (a) of sub-paragraph (1) and those falling within paragraph (b) of that sub-paragraph, only those falling within paragraph (a) are to be regarded as proper accounting practices.
- relevant payment
means— a in the case of any disposal, a payment in respect of the current school site or sites to which the land relates, b in the case of any disposal, a payment under any of the following provisions— • paragraph 2(6) of Schedule 3;
- relevant period
means the period of 6 months beginning with the date upon which the grant is made.”
- relevant person
means— a in the case of a disposal to which paragraph A2 or A14 applies, the governing body or the trustees of the school in question, and b in the case of a disposal to which paragraph A8 applies, the foundation body in question. 6 A “relevant payment” means— a in the case of any disposal, a payment in respect of the current school site or sites to which the land relates, b in the case of any disposal, a payment under any of the following provisions— • paragraph 2(6) of Schedule 3;
- relevant persons
has the same meaning as in section 117.
- relevant premises
means—
- relevant school
means— (a) a community, foundation or voluntary school, (b) a community or foundation special school, (c) a maintained nursery school, (d) a pupil referral unit, or (e) a school approved by the Secretary of State...under section 342 of EA 1996 (approval of non-maintained special schools);
- relevant services
means services which immediately before the coming into force of Chapter 4 of Part 8 of the Education and Inspections Act 2006 were English local authority social services for the purposes of this Part of this Act.”
- relevant student
means a student— (a) who is aged under 19, or (b) who is aged 19 or over and is someone for whom an EHC plan is maintained.
- religion
means any religion, b “belief” means any religious or philosophical belief, c a reference to religion includes a reference to lack of religion, and d a reference to belief includes a reference to lack of belief.”
- remaining publicly funded proceeds of disposal
means the amount of the publicly funded proceeds of disposal which remains after deducting the “appropriate amount” (if any) determined in accordance with paragraph A3(3). 8 Sub-paragraphs (3), (4) and (5) are subject to paragraph A2(13) (restriction on use of publicly funded proceeds of disposal where notices given under paragraph A2(7)(b) or (c)).
- requisite period
means the period of 6 weeks beginning with the date upon which the governing body gave notification of the disposal to the authority under sub-paragraph (4). 9 A notice given under sub-paragraph (7) may be withdrawn at any time by the authority giving the governing body notice to that effect. 10 The governing body may not make the disposal within the requisite period unless within that period— a the authority give the governing body notice that they relinquish any right to give notice under sub-paragraph (7)(a) in relation to the disposal, or b in a case where the authority give notice of their objection to the disposal in accordance with sub-paragraph (7)(a), the relevant requirements in relation to such a notice are met. 11 If the authority give notice of their objection to the disposal in accordance with sub-paragraph (7)(a), the governing body may not make the disposal on or after the expiry of the requisite period until the relevant requirements in relation to such a notice are met. 12 The “relevant requirements” in relation to a notice given under sub-paragraph (7)(a) are met if— a the adjudicator has approved the disposal on a reference made under paragrap
- Roman Catholic Church Academy
means an Academy in relation to which the religion or religious denomination specified in the order designating the Academy as having a religious character is “Roman Catholic” and “appropriate diocesan authority”, in relation to such an Academy, means the bishop of the Roman Catholic diocese in which the Academy is situated.
- rural primary school
means a primary school designated as such for the purposes of this section by an order made by the Secretary of State.
- school
means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school. 5 Any direction given under this section shall be enforceable, on an application made on behalf of the Secretary of State, by a mandatory order.”
- school hours
means any time during a school session of the school referred to in paragraph (b) of that subsection or during a break between sessions of that school on the same day.”
- sixth-form pupil
means any pupil who— a has ceased to be of compulsory school age, and b is receiving education suitable to the requirements of pupils over compulsory school age.”
- specified institution
means a person or body specified by order made by the Secretary of State.
- statutory provision
means— (a) any provision of this or any other Act, including any Act passed after this Act, and (b) any provision of subordinate legislation, including any such legislation made under, or after the passing of, this Act;
- subordinate legislation
has the same meaning as in the Interpretation Act 1978 (c. 30).
- the 2000 Act
means the Criminal Justice and Court Services Act 2000 (c. 43).
- the 2006 Act
means the Education and Inspections Act 2006.”
- the ALI
means the Adult Learning Inspectorate;
- the appointed day
means the day appointed under section 188 for the coming into force of this section.
- the appropriate authority
means— (a) in the case of a permanent exclusion or an exclusion from a pupil referral unit, a local authority, (b) in the case of an exclusion for a fixed period from a maintained school, the governing body of the school, and (c) in the case of an exclusion for a fixed period from a relevant school which is an Academy school, an alternative provision Academy, a city technology college or a city college for the technology of the arts, the proprietor of the school;
- the appropriate person
means—
- the Assembly
means the National Assembly for Wales;
- the change of category provisions
means— a in the case of a school in England, Schedule 8 to this Act or sections 18 to 24 of the Education and Inspections Act 2006, and b in the case of a school in Wales, Schedule 8 to this Act.”
- the Chief Inspector
means Her Majesty's Chief Inspector of Education, Children's Services and Skills;
- the Chief Inspector for England
means Her Majesty's Chief Inspector of Education, Children's Services and Skills.”
- the Chief Inspector for Wales
means Her Majesty's Chief Inspector of Education and Training in Wales.”
- The Chief Inspector of Schools
means Her Majesty's Chief Inspector of Education, Children's Services and Skills.”
- the CIECSS
means Her Majesty's Chief Inspector of Education, Children's Services and Skills.”
- the commencement date
means the day on which this Part comes into force, otherwise than merely for the purpose of enabling orders or regulations to be made;
- the CSCI
means the Commission for Social Care Inspection.
- the discontinuance date
means— a in relation to a school in England, whichever of the following is relevant— i the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 2 to the Education and Inspections Act 2006 or under Schedule 7 or 7A to the Learning and Skills Act 2000, ii the date on which the school is discontinued under section 30 of the 1998 Act, or iii the date specified in a direction given under section 17(1) or 68(1) of the Education and Inspections Act 2006;
- the existing Chief Inspector
means Her Majesty's Chief Inspector of Schools in England;
- the new Chief Inspector
means the Chief Inspector appointed under Chapter 1 of this Part;
- the Office
means the Office for Standards in Education, Children's Services and Skills;
- the previous enactments
means—
- the registration authority
means the person exercising functions relating to registration. •...
- the relevant authority
means—
- the relevant body
means the local authority mentioned in subsection (1) or the governing body mentioned in subsection (2) (as the case may be);
- the relevant day
means the day on which section 167A of EA 2002 comes into force.
- the relevant enactment
means— (a) where the appropriate authority is a local authority, section 19 of EA 1996, and (b) in any other case, section 100 of this Act.
- the relevant enactments
means— a in relation to England, sections 18 to 24 of the Education and Inspections Act 2006;
- The relevant overseas authority
means the authority in the jurisdiction concerned that is responsible for the institution or other matter.
- the relevant person
means one or more of the following— a the Secretary of State, and b any prescribed person. 3 Where any person within paragraph (b) of subsection (2) receives information by virtue of subsection (1), the Secretary of State may require that person to provide any such information— a to him, or b to any prescribed person. 4 The Secretary of State may provide any individual child information— a to any information collator, b to any prescribed person, or c to any person falling within a prescribed category. 5 Any information collator— a may provide any individual child information— i to the Secretary of State, ii to any other information collator, or iii to the person who provides the funded education for the child or children to whom the information relates, and b may, at such times as the Secretary of State may determine, provide such individual child information as may be prescribed— i to any prescribed person, or ii to any person falling within a prescribed category. 6 Any person holding any individual child information (other than the Secretary of State or an information collator) may provide that information to— a the Secretary of State, b any information coll
- the relevant purposes
means— (a) in relation to a transfer to a school's foundation body, the purposes of the schools comprising the group for which that body acts, and (b) in relation to a transfer to a school's governing body, the purposes of the school;
- the relevant school organisation provision
means— a in relation to England, section 18 of the Education and Inspections Act 2006, and b in relation to Wales, section 28 of the School Standards and Framework Act 1998.”
- the relevant school organisation provisions
means— a in relation to England, section 28, 28A or 31 of the School Standards and Framework Act 1998, section 66 of the Education Act 2005 or section 7 or 11 of the Education and Inspections Act 2006, and b in relation to Wales, section 28 or 31 of the School Standards and Framework Act 1998.”
- the school travel scheme provisions
means section 508E of, and Schedule 35C to, EA 1996.
- Welsh local authority
means a county council or county borough council in Wales.
- work-related learning
means planned activity designed to use the context of work to develop knowledge, skills and understanding useful in work, including learning through the experience of work, learning about work and working practices and learning the skills for work. 85A 1 A pupil in the fourth key stage is also entitled to follow a course of study in a subject within each of such one or more of the four entitlement areas specified in subsection (2) as the pupil may choose. 2 The entitlement areas referred to in subsection (1) are— a arts, comprising— i art and design, ii music, iii dance, iv drama, and v media arts, b design and technology (comprising only that subject), c humanities,
- working day
means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971;
- young person
means any of the persons mentioned in section 10(9) of the Children Act 2004.