School Standards and Framework Act 1998 (c. 31)

(The document as of February, 2008)

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Extension of educational opportunities for Key Stage 4 pupils

112 Extended work experience for Key Stage 4 pupils

(1) Section 560 of the [1996 c. 56.] Education Act 1996 (work experience during compulsory schooling) shall be amended as follows.

(2) For subsections (1) and (2) there shall be substituted--

" (1) The enactments relating to the prohibition or regulation of the employment of children shall not apply to the employment of a child in his last two years of compulsory schooling if the employment is in pursuance of arrangements made--

(a) by a local education authority, or

(b) by the governing body of a school on behalf of such an authority,

with a view to providing him with work experience as a part of his education.

(2) For the purposes of subsection (1) a child shall be taken to be in his last two years of compulsory schooling as from the beginning of the last two school years at his school during the whole or part of which he is of compulsory school age. "

(3) In subsection (6) (disapplication of sections 495 and 496 of the Act), the words "or the governing body of a grant-maintained school" shall be omitted.

113 Provision of secondary education for Key Stage 4 pupils by FE institutions

(1) In section 18(1) of the [1992 c. 13.] Further and Higher Education Act 1992 (principal powers of a further education corporation), after paragraph (a) there shall be inserted--

" (aa) in pursuance of arrangements made--

(i) by a local education authority, or

(ii) by the governing body of a school on behalf of such an authority,

provide secondary education to pupils in the fourth key stage, and " .

(2) After section 52 of that Act there shall be inserted--

" 52A Duty to safeguard pupils receiving secondary education

(1) This section applies where secondary education is provided to pupils in the fourth key stage--

(a) by a further education corporation in pursuance of arrangements falling within section 18(1)(aa) of this Act, or

(b) by a designated institution in pursuance of arrangements made--

(i) by a local education authority, or

(ii) by the governing body of a school on behalf of such an authority.

(2) The governing body of the corporation or institution shall secure that, except in such circumstances as may be prescribed by regulations, no education is provided to a person who has attained the age of nineteen years in a room in which any such pupils are for the time being receiving secondary education. "

School meals

114 Nutritional standards for school lunches

(1) Regulations may prescribe nutritional standards, or other nutritional requirements, which (subject to such exceptions as may be provided for by or under the regulations) are to be complied with in connection with the provision of school lunches for registered pupils at schools maintained by local education authorities.

(2) Where a local education authority or the governing body provide school lunches for registered pupils at such a school, they shall secure that any applicable provisions of regulations under this section are complied with.

(3) Subsection (2) applies--

(a) whether the lunches are provided on school premises or at any other place where education is being provided; and

(b) whether they are being provided in pursuance of any statutory requirement or otherwise.

(4) Regulations under this section may--

(a) make different provision for pupils of different ages;

(b) authorise the Secretary of State to determine the time as from which any provisions of the regulations are to apply to a particular local education authority or school.

(5) In this section "school lunch", in relation to a pupil, means food made available for consumption by the pupil as his midday meal on a school day, whether involving a set meal or the selection of items by him or otherwise.

115 Extension of LEA functions concerning school lunches, etc

(1) Section 512 of the [1996 c. 56.] Education Act 1996 (provision by LEAs of meals etc. at maintained schools) shall be amended as follows.

(2) After subsection (1) there shall be inserted--

" (1A) A local education authority shall, if requested to do so by or on behalf of any registered pupils at a school maintained by the authority, provide school lunches for those pupils; but the authority shall not be required to provide a school lunch--

(a) where in the circumstances it would be unreasonable for them to do so, or

(b) where the pupil in question has not attained compulsory school age and is being provided with part-time education.

(1B) Any school lunches provided by a local education authority under subsection (1A) may--

(a) be provided either on the school premises or at any place other than the school premises where education is being provided for the pupils in question; and

(b) take such form as the authority think fit. "

(3) In subsection (2) (obligation to charge for meals etc.), after "subsection (1)" there shall be inserted "or (1A)".

(4) In subsection (3), for paragraphs (a) and (b) there shall be substituted--

" (a) shall so exercise their power under subsection (1) as to ensure that a school lunch is provided for him, which shall be provided free of charge, and

(b) if in the exercise of that power they provide him with milk, shall provide it free of charge. "

(5) After subsection (5) there shall be added--

" (6) In this section "school lunch", in relation to a pupil, means food made available for consumption by the pupil as his midday meal on a school day, whether involving a set meal or the selection of items by him or otherwise. "

116 Transfer of LEA functions concerning school lunches, etc. to governing bodies

After section 512 of the Education Act 1996 there shall be inserted--

" 512A Transfer of functions under section 512 to governing bodies

(1) The Secretary of State may by order make provision for imposing on the governing body of any school to which the order applies a duty or duties corresponding to one or more of the duties of the local education authority which are mentioned in subsection (2).

(2) Those duties are--

(a) the duty to provide school lunches in accordance with section 512(1A) and (1B);

(b) the duty to provide school lunches free of charge in accordance with section 512(3)(a); and

(3) An order under this section may (subject to subsection (6)) apply to--

(a) all maintained schools; or

(b) any specified class of such schools; or

(4) Where any duty falls to be performed by the governing body of a school by virtue of an order under this section--

(a) the corresponding duty mentioned in subsection (2) shall no longer fall to be performed by the local education authority in relation to the school; and

(b) if the duty corresponds to the one mentioned in subsection (2)(b) or (c), section 533(3) shall not apply to any school lunches or milk provided by the governing body in pursuance of the order.

(5) An order under this section may provide for section 513(2) not to apply--

(a) to local education authorities generally, or

(b) to any specified local education authority,

either in relation to all pupils for whom provision is made by the authority under section 513 or in relation to all such pupils who are of such ages as may be specified.

(6) An order under this section shall not operate to--

(a) impose any duty on the governing body of a school, or

(b) relieve a local education authority of any duty in relation to a school,

at any time when the school does not have a delegated budget; and such an order may provide for section 512(2)(b) above to have effect, in relation to any provision made at any such time by the local education authority for pupils at the school, with such modifications as may be specified.

(7) In this section--

"delegated budget" and "maintained school" have the same meaning as in the School Standards and Framework Act 1998;
"school lunch" has the same meaning as in section 512 above;
"specified" means specified in an order under this section. "

Part V Nursery education

Nursery education

117 Definition of "nursery education"

In this Part "nursery education" means full-time or part-time education suitable for children who have not attained compulsory school age (whether provided at schools or elsewhere).

General duty of local education authority

118 Duty of LEA as respects availability of nursery education

(1) A local education authority shall secure that the provision (whether or not by them) of nursery education for children who--

(a) have not attained compulsory school age, but

(b) have attained such age as may be prescribed,

is sufficient for their area.

(2) In determining for the purposes of subsection (1) whether the provision of such education is sufficient for their area a local education authority--

(a) may have regard to any facilities which they expect to be available outside their area for providing such education; and

(b) shall have regard to any guidance given from time to time by the Secretary of State.

Early years development partnerships

119 Early years development partnerships

(1) Every local education authority shall establish for their area a body to be known as an early years development partnership ("the partnership").

(2) In establishing the partnership and determining its constitution the authority shall have regard to any guidance given from time to time by the Secretary of State.

(3) The authority may establish a sub-committee of the partnership for any part of their area.

(4) The authority shall make arrangements--

(a) for the meetings and proceedings of the partnership and any such sub-committee, and

(b) for the partnership (and any such sub-committee) to be provided with accommodation and with such services as the authority consider appropriate.

(5) The functions of the partnership shall be to work with the authority--

(a) in reviewing the sufficiency of the provision of nursery education for the authority's area for the purposes of section 118, and

(b) in preparing early years development plans under section 120.

(6) The Secretary of State may by order confer on early years development partnerships such additional functions as are specified in the order.

Early years development plans

120 Early years development plans

(1) Every local education authority shall, in conjunction with the early years development partnership for their area--

(a) prepare an early years development plan for their area, and

(b) prepare further such plans at such intervals as may be determined by or in accordance with regulations.

(2) An early years development plan shall consist of--

(a) a statement of proposals, which sets out the authority's proposals for complying with their duty under section 118, and

(b) annexes to that statement.

(3) The statement of proposals must--

(a) deal with such matters, and relate to such period, as may be determined by or in accordance with regulations, and

(b) be approved by the Secretary of State under section 121.

(4) In relation to the form and content of the annexes to the statement the authority shall have regard to any guidance given from time to time by the Secretary of State.

121 Approval, modification and review of statement of proposals

(1) Where an early years development plan has been prepared in accordance with section 120, the authority shall, by such date as may be determined by or in accordance with regulations, submit the plan to the Secretary of State for him to approve the authority's statement of proposals under this section.

(2) The Secretary of State may in the case of any statement submitted to him under this section--

(a) approve the statement in any of the following ways, namely wholly or in part, for a limited period of time, or subject to conditions;

(b) require the authority to make such modifications to the statement as he may specify; or

(3) If the Secretary of State approves the statement--

(a) he shall notify the authority of his decision; and

(b) the authority shall implement the proposals set out in the statement, so far as approved by the Secretary of State, as from such date as he may determine.

(4) If the Secretary of State requires the authority to make modifications or rejects the statement--

(a) he shall notify the authority of his decision and of his reasons for it; and

(b) the authority shall prepare a revised statement and submit it to the Secretary of State for his approval under this section by such date as he may determine.

(5) Once the Secretary of State has approved an authority's statement of proposals under subsection (2), he shall keep under review the authority's proposals, as approved by him, and their implementation by the authority, and--

(a) where he is of the opinion that the statement should be modified (or further modified), he may withdraw his approval and require the authority to make such modifications to the statement as he may specify; and

(b) where he is of the opinion that the authority's statement is not being properly implemented by them, he may withdraw his approval for such period as he thinks fit.

(6) If under subsection (5) the Secretary of State withdraws his approval of a statement of proposals--

(a) he shall notify the authority of his decision and of his reasons for it; and

(b) in a case falling within paragraph (a) of that subsection, the authority shall prepare a revised statement and submit it to him for his approval under this section by such date as he may determine.

(7) Section 120 shall apply to the preparation of a revised statement under subsection (4)(b) or (6)(b), with such modifications (if any) as the Secretary of State may determine.

(8) At any time after the Secretary of State has approved an authority's statement of proposals under subsection (2)--

(a) the authority may, with the agreement of the early years development partnership, submit modifications to the statement to the Secretary of State for his approval, and

(b) the Secretary of State may approve the modifications, whether in whole or in part, for a limited period of time, or subject to conditions, and

(i) the statement shall have effect with the modifications, and

(ii) the authority shall implement their proposals as modified,

as from such date as he may determine.

(9) Once the Secretary of State has approved--

(a) an authority's statement of proposals under subsection (2), or

(b) the modification of an authority's statement of proposals under subsection (8),

the authority shall publish their early years development plan (or their plan as so modified) in such manner and by such date as may be prescribed, and shall provide such persons as may be prescribed with copies of that plan or of a summary of that plan.

Inspection of nursery education

122 Inspection of nursery education

(1) Schedule 26 (inspections, etc. of providers of nursery education) shall have effect.

(2) Schedule 1 to the [1996 c. 50.] Nursery Education and Grant-Maintained Schools Act 1996 (which is superseded by Schedule 26 to this Act) shall cease to have effect.

(3) Any register of nursery education inspectors established by the Chief Inspector under Schedule 1 to that Act shall be treated as established by him under Schedule 26 to this Act; and accordingly anything done under Schedule 1 to that Act in connection with the registration of (or any refusal to register) any person in that register shall, if effective immediately before the commencement of this section, continue to have effect as if done under Schedule 26 to this Act.

(4) In subsection (3) "the Chief Inspector" means Her Majesty's Chief Inspector of Schools in England or Her Majesty's Chief Inspector of Schools in Wales.

Further provisions relating to nursery education

123 Children with special educational needs

(1) It shall be the duty of--

(a) any local education authority or other person providing relevant nursery education, and

(b) any person employed by such an authority or other person, or otherwise engaged to provide his services, in the provision of such education,

(except where a duty is already imposed by subsection (2) of section 313 of the [1996 c. 56.] Education Act 1996) to have regard to the provisions of the code of practice issued under that section (practical guidance in respect of the discharge of functions under Part IV of that Act).

(2) That code of practice may include practical guidance in respect of the provision of relevant nursery education for children with special educational needs in circumstances where functions under Part IV of the [1996 c. 56.] Education Act 1996 do not fall to be discharged.

(3) But unless that code of practice includes provision made by virtue of subsection (2)--

(a) the Secretary of State shall publish a document explaining how the practical guidance contained in that code applies in circumstances where functions under Part IV of the [1996 c. 56.] Education Act 1996 do not fall to be discharged, and

(b) the duty imposed by subsection (1) includes a duty to have regard to the provisions of that document.

(4) In this section "relevant nursery education" means nursery education which is provided--

(a) by a local education authority, or

(b) by any other person who is in receipt of financial assistance given by such an authority and whose provision of nursery education is taken into account by the authority in formulating proposals for the purposes of section 120(2)(a).

124 Travel arrangements for children receiving nursery education otherwise than at school

After section 509 of the [1996 c. 56.] Education Act 1996 there shall be inserted--

" 509A Travel arrangements for children receiving nursery education otherwise than at school

(1) A local education authority may provide a child with assistance under this section if they are satisfied that, without such assistance, he would be prevented from attending at any premises--

(a) which are not a school or part of a school, but

(b) at which relevant nursery education is provided,

for the purpose of receiving such education there.

(2) The assistance which may be provided for a child under this section consists of either--

(a) making arrangements (whether for the provision of transport or otherwise) for the purpose of facilitating the child's attendance at the premises concerned, or

(b) paying the whole or any part of his reasonable travel expenses.

(3) When considering whether to provide a child with assistance under this section in connection with his attendance at any premises, a local education authority may have regard (among other things) to whether it would be reasonable to expect alternative arrangements to be made for him to receive relevant nursery education at any other premises (whether nearer to his home or otherwise).

(4) Where the assistance to be provided for a child under this section consists of making arrangements for the provision of transport, the authority may, if they consider it appropriate to do so, determine that the assistance shall not be so provided unless--

(a) the child's parent, or

(b) the person providing the relevant nursery education concerned,

agrees to make to the authority such payments in respect of the provision of the transport (not exceeding the cost to the authority of its provision) as they may determine.

(5) In this section "relevant nursery education" means nursery education which is provided--

(a) by a local education authority, or

(b) by any other person--

(i) who is in receipt of financial assistance given by such an authority and whose provision of nursery education is taken into account by the authority in formulating proposals for the purposes of section 120(2)(a) of the School Standards and Framework Act 1998, or

(ii) who is in receipt of grants under section 1 of the [1996 c. 50.] Nursery Education and Grant-Maintained Schools Act 1996. "

Part VI Partnership arrangements in Wales

125 Partnership arrangements to secure provision of certain further education in Wales

(1) The [1992 c. 13.] Further and Higher Education Act 1992 shall be amended as follows.

(2) In section 5 (administration of funds by further education funding councils), after subsection (5) there shall be inserted--

" (5A) The Further Education Funding Council for Wales may give financial support to a local education authority for an area in Wales for the purposes of any partnership arrangement made by the authority to which section 60A of this Act applies. "

(3) In section 18 (principal powers of a further education corporation)--

(a) in subsection (1), the words "and those powers" to the end shall be omitted, and

(b) after subsection (3) there shall be added--

" (4) In addition to the powers conferred by subsection (1) above, a further education corporation which conducts one or more educational institutions situated in Wales may--

(a) secure the provision of full-time or part-time education suitable to the requirements of persons who are over compulsory school age but under the age of 19, but only if that provision is made under a partnership arrangement to which section 60A of this Act applies, and

(b) supply goods or services in connection with the securing of the provision of education under paragraph (a) above.

(5) Subsections (2) and (3) above shall apply for the purposes of subsection (4) above as they apply for the purposes of subsection (1), except that references in those subsections to the provision of education shall be construed as references to the securing of the provision of education.

(6) The powers conferred by subsection (1) above and the powers conferred by subsection (4) above are referred to in section 19 of this Act as the corporation's principal powers. "

(4) After section 60 there shall be inserted--

" 60A Partnership arrangements to secure provision of certain further education in Wales

(1) An arrangement is a partnership arrangement to which this section applies if--

(a) it is made by--

(i) one or more local education authorities for areas in Wales, and

(ii) one or more governing bodies of Welsh further education institutions,

for the purpose of securing the provision of education within subsection (3),

(b) it provides for the facilities connected with the provision of education under the arrangement to be provided--

(i) in part, at one or more schools maintained by the local education authority which is a party to the arrangement (or where more than one local education authority is a party, by each of them), and

(ii) in part, at one or more Welsh further education institutions conducted by the governing body which is a party to the arrangement (or, where more than one governing body is a party, by each of them),

(i) the Further Education Funding Council for Wales, and

(ii) the governing body of each school at which, in accordance with the arrangement, facilities are to be provided, and

(d) it is approved by the Secretary of State.

(2) For the purposes of subsection (1) above--

(a) "Welsh further education institution" means an institution which is within the further education sector and is situated in Wales, and

(b) a designated institution shall be treated as conducted by the governing body of the institution.

(3) Education is within this subsection if it is full-time or part-time education suitable to the requirements of persons who are over compulsory school age but under the age of 19.

(4) The following bodies shall exercise their functions with a view to securing that any education provided under a partnership arrangement to which this section applies is provided and funded in accordance with the arrangement--

(a) each local education authority which is a party to the arrangement;

(b) each governing body of an institution (or institutions) within the further education sector which is a party to the arrangement;

(d) each governing body of a school which consented to the arrangement.

(5) Schedule 5A to this Act shall have effect in relation to partnership arrangements to which this section applies. "

(5) After Schedule 5 there shall be inserted the Schedule set out in Schedule 27 to this Act.

126 Provisions relating to education provided under partnership arrangements

(1) The [1996 c. 56.] Education Act 1996 shall have effect in relation to education provided under relevant partnership arrangements subject to the following provisions of this section.

(2) For the purposes of that Act--

(a) full-time education suitable to the requirements of persons who are over compulsory school age but under the age of 19 which is provided at a school at which education within section 2(2)(a) of that Act is also provided shall not be regarded as secondary education, and

(b) a person for whom full-time or part-time education suitable to the requirements of such persons is being provided at a school shall not be regarded as a pupil,

if that education is being provided under a relevant partnership arrangement.

(3) Accordingly, education within subsection (2)(a) above which is provided under a relevant partnership arrangement shall, for the purposes of that Act, be regarded as further education.

(4) In this section "relevant partnership arrangement" means a partnership arrangement to which section 60A of the [1992 c. 13.] Further and Higher Education Act 1992 (as inserted by section 125(4)) applies.

Part VII Miscellaneous and general

Code of practice for local education authorities and maintained schools

127 Code of practice for securing effective relationships between LEAs and maintained schools

(1) The Secretary of State shall issue, and may from time to time revise, a code of practice containing such practical guidance as he thinks appropriate with a view to securing effective relationships between local education authorities and the schools maintained by them--

(a) in relation to promoting high standards of education in such schools; and

(b) in relation to the discharge of relevant functions of such authorities in relation to such schools.

(2) In discharging their functions in relation to any maintained school, it shall be the duty of--

(a) the local education authority,

(b) the governing body, and

to have regard to any relevant provisions of the code.

(3) Section 85 shall apply in relation to the code as it applies in relation to a code of practice under section 84.

(4) The Secretary of State shall publish the code as for the time being in force.

(5) The Secretary of State may under subsection (1) make different provision for England and Wales (whether or not by means of separate codes of practice); and references in this section to "the code" accordingly apply to any such separate code of practice.

(6) For the purposes of this section the relevant functions of a local education authority are the functions exercisable by or on behalf of such an authority under--

(a) sections 6 and 7 (so far as they relate to schools maintained by the authority),

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