Education Act 2002 (c. 32)

(The document as of February, 2008)

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(f) where the amount of an allowance may vary to any extent according to a person's circumstances, for determining, or providing for the determination by the Secretary of State or the National Assembly for Wales of, the amount required or authorised to be paid to or in respect of him,

(g) specifying whether any allowance in respect of any person is to be paid to him, to a parent of his or to any other person,

(h) for any allowance under this section to be made available on such terms and conditions as may be prescribed, or determined under the regulations by the Secretary of State or the National Assembly for Wales, including terms and conditions requiring repayments to be made in circumstances so prescribed or determined,

(i) requiring the payment of an allowance to be suspended or terminated in any such circumstances,

(j) for appeals with respect to matters arising under the regulations (including provision for determining, or enabling the determination of, the procedure to be followed in connection with appeals),

(k) imposing obligations on the governing body of any maintained school or institution within the further education sector in relation to cases where the school or institution is providing the education or training referred to in subsection (1).

(4) In this section and section 182--

"governing body"--
(a)
in relation to a pupil referral unit, means the local education authority who maintain the unit, and
(b)
in relation to an institution within the further education sector, has the meaning given by section 90 of the Further and Higher Education Act 1992 (c. 13);
"maintained school" means a community, foundation or voluntary school, a community or foundation special school or a pupil referral unit.

182 Learning agreements

(1) For the purposes of this section, a "learning agreement" is a document which--

(a) specifies conditions which--

(i) relate to the attendance or conduct of, or completion of assigned tasks by, a person to whom an allowance is or may become payable (in this section referred to as "the student"), and

(ii) are either prescribed by regulations or, if regulations so provide, determined in accordance with any prescribed requirements by the person providing the relevant education or training,

(b) contains a declaration by the student relating to compliance with those conditions, and

(2) Regulations may require a learning agreement--

(a) to be in the prescribed form, and

(b) to be signed by the student and by or on behalf of such other persons as may be prescribed.

(3) Without prejudice to the generality of section 181(3)(h), regulations may provide--

(a) that a person is not eligible to receive an allowance unless the person providing the relevant education or training holds a learning agreement signed by him, and

(b) that payment of an allowance is conditional on the person providing the relevant education or training from time to time determining that the student has complied with the learning agreement or has done so to a prescribed extent or in prescribed respects.

(4) Regulations may--

(a) enable or require a learning agreement to specify targets relating to the attendance, conduct or attainments of the student, and

(b) enable or require the Secretary of State or the National Assembly for Wales, in any case where the person providing the relevant education or training determines that targets have been met, to make additional payments of allowance to or in respect of the student.

(5) Without prejudice to the generality of section 181(3)(k), regulations may impose obligations relating to learning agreements on--

(a) the governing body of a maintained school, or

(b) the governing body of an institution within the further education sector.

(6) Regulations may contain provision for determining the person by whom any relevant education or training is to be treated for the purposes of this section as being provided.

(7) A learning agreement shall not be capable of creating any obligation in respect of whose breach any liability arises in contract or in tort.

(8) In this section--

"allowance" means an allowance under section 181;
"relevant education or training" means the education or training referred to in that section.

183 Transfer of functions relating to allowances under section 181

(1) If the Secretary of State so determines, any function exercisable by him by virtue of regulations made by virtue of section 181 shall, to such extent as is specified in his determination, be exercisable instead by--

(a) the Learning and Skills Council for England, or

(b) local education authority.

(2) If the National Assembly for Wales so determines, any function exercisable by the Assembly by virtue of regulations made by virtue of section 181 shall, to such extent as is specified in the Assembly's determination, be exercisable instead by--

(a) the National Council for Education and Training for Wales, or

(b) a local education authority.

(3) A body by whom any function is for the time being exercisable by virtue of subsection (1) or (2) shall comply with any directions given by the Secretary of State, or as the case may be the National Assembly for Wales, as to the exercise of that function.

(4) Where any function is so exercisable by a local education authority, the function shall be taken to be a function of that authority--

(a) for the purposes of section 70 of the Deregulation and Contracting Out Act 1994 (c. 40) (contracting out of functions of local authorities),

(b) for the purposes of Part 2 of the 2000 Act (arrangements with respect to executives etc.), and

(c) subject to the provisions of section 13 of the 2000 Act, for the purposes of section 101 of the Local Government Act 1972 (c. 70) (arrangements for discharge of functions by local authorities).

(5) In this section "the 2000 Act" means the Local Government Act 2000 (c. 22).

184 Delegation of functions relating to allowances

(1) The Secretary of State or the National Assembly for Wales may make arrangements for any person or body specified in the arrangements to exercise on his or its behalf, to such extent as is so specified, any function exercisable by him or the Assembly by virtue of regulations made by virtue of section 181 (including any such function in relation to appeals).

(2) Any arrangements made under subsection (1) shall not prevent the Secretary of State, or as the case may be the National Assembly for Wales, from exercising the function in question himself or itself.

185 Supplementary provisions relating to transfer or delegation of functions

(1) The Secretary of State or the National Assembly for Wales may make provision for enabling appeals--

(a) to be made with respect to such matters arising out of the exercise by virtue of section 183(1) or (2) or 184(1) by any person or body of any function of the Secretary of State or the Assembly as he or it may determine, and

(b) to be so made to a person or body appointed for the purpose by the Secretary of State or the Assembly.

(2) The Secretary of State or the National Assembly for Wales may pay to any body or person by whom any function of his, or as the case may be of the Assembly, is exercisable by virtue of section 183(1) or (2) or 184(1)--

(a) such amounts as the Secretary of State or the Assembly considers appropriate for the purpose of meeting expenditure incurred or to be incurred by that body or person--

(i) in paying allowances under section 181, or

(ii) by way of administrative expenses,

in, or in connection with, the exercise of that function;

(b) in a case where the function is exercisable by virtue of section 184(1), such remuneration as the Secretary of State or the Assembly may determine.

(3) Any payment under subsection (2)(a) may be made subject to such terms and conditions as the Secretary of State or the National Assembly for Wales may determine; and any such conditions may in particular--

(a) require the provision of returns or other information before any such payment is made;

(b) relate to the use of the amount paid or require the repayment in specified circumstances of all or part of the amount paid.

(4) The Secretary of State or the National Assembly for Wales may pay to any person or body appointed by him or it under subsection (1) such remuneration or administrative expenses (or both) as he or it may determine.

(5) In relation to any function which, by virtue of section 183(1) or (2) or 184(1) is exercisable to a specified extent, references in section 183(3) and (4) and this section to the exercise of that function are accordingly to its exercise to that extent.

Student loans

186 Student loans

(1) Regulations may make provision for--

(a) the repayment by the Secretary of State of amounts payable in respect of loans mentioned in paragraph (a), (b) or (c) of subsection (2);

(b) reducing or extinguishing the amounts payable in respect of loans mentioned in paragraph (a) or (b) of subsection (2).

(2) The loans are--

(a) loans received under arrangements made under section 1 of the Education (Student Loans) Act 1990 (c. 6) by eligible persons who fulfil prescribed conditions;

(b) loans received under arrangements made under section 22 of the Teaching and Higher Education Act 1998 (c. 30) by eligible persons who fulfil prescribed conditions;

(c) loans received for educational purposes under such other arrangements as may be prescribed by the regulations, including arrangements made outside England and Wales, by eligible persons who fulfil prescribed conditions.

(3) The regulations may, in particular, make provision--

(a) for determining whether a person is eligible for the purposes of the regulations;

(b) prescribing the circumstances and manner in which, and the times at which, payments are to be made, or amounts are to be reduced or extinguished;

(c) allowing retrospective adjustments for the purposes of the regulations, including provision allowing the Secretary of State to require reimbursement of repayments, or to alter the amounts reduced or extinguished;

(d) for imposing on employers, or such other persons or bodies as may be prescribed, requirements with respect to information to be given to the Secretary of State;

(e) for the reimbursement by the Secretary of State of costs incurred by persons or bodies in complying with any such requirements;

(f) for appeals with respect to matters arising under the regulations (including provision for determining, or enabling the determination of the procedure to be followed in connection with the appeals).

(4) The Secretary of State may make arrangements for any person or body specified in the arrangements to exercise on his behalf, to such extent as is so specified, any function exercisable by him by virtue of the regulations (including any such function in relation to appeals).

(5) Any arrangements made under subsection (4) shall not prevent the Secretary of State from exercising the function in question himself.

(6) The Secretary of State may pay to any person or body by whom any function is exercisable by virtue of subsection (4) such amounts as he considers appropriate for the purpose of meeting expenditure incurred or to be incurred by that person or body in, or in connection with, the exercise of that function.

(7) Any payment under subsection (6) may be made subject to such terms and conditions as the Secretary of State may determine.

(8) Such conditions may in particular--

(a) require the provision of returns or other information before any such payment is made;

(b) relate to the use of the amount paid or require the repayment in specified circumstances of all or part of the amount paid.

(9) In this section--

"prescribed" means prescribed by regulations;
"regulations" means regulations made under this section by the Secretary of State.

Education action zones

187 Education action zones

Schedule 15 (which makes provision in relation to education action zones and Education Action Forums) shall have effect.

School inspections

188 School inspections

Schedule 16 (which contains amendments of the School Inspections Act 1996 (c. 57)) shall have effect.

Qualifications

189 Amendments of Part 5 of Education Act 1997

Schedule 17 (which contains amendments of Part 5 of the Education Act 1997 (c. 44) relating to the Qualifications and Curriculum Authority and the Qualifications, Curriculum and Assessment Authority for Wales) shall have effect.

190 LEA functions: qualifications

(1) A local education authority may award or authenticate academic and vocational qualifications, and may in particular--

(a) devise and administer a qualification or a course leading to a qualification,

(b) register candidates,

(d) require the payment of fees in respect of the exercise of the power.

(2) A local education authority may secure the exercise by any other person of such of the authority's powers under subsection (1) as the authority may specify.

(3) A local education authority may exercise their powers under this section by forming, or participating in forming, or being a member of, a body corporate.

(4) The powers under this section shall be regarded as always having been within the powers of a local education authority; and this section is without prejudice to the generality of the powers of a local education authority.

Special educational needs: Wales

191 Regional provision for special educational needs in Wales

(1) When directed to do so by the National Assembly for Wales, the local education authorities in Wales (or such of them as may be specified in the direction) must consider whether they (or any of them) would be able to carry out their special education functions, in respect of children with the special educational needs specified in the direction, more efficiently or effectively if regional provision were made.

(2) In this section--

"regional provision" means--
(a)
provision of education for children from the areas of different local education authorities in Wales, at a school maintained by one of those authorities, or
(b)
provision made by two or more local education authorities in Wales for goods or services to be supplied by one of the authorities--
(i)
to the other or others, or
(ii)
to one or more governing bodies of schools maintained by the other authority or authorities;
"special education functions" means functions under Part 4 of the Education Act 1996 (c. 56) (special educational needs).

(3) The authorities to whom a direction is given must report their conclusions to the Assembly not later than the time specified in the direction.

(4) In discharging their duties under this section, local education authorities must have regard to any guidance given from time to time by the Assembly.

192 Directions to bring forward proposals to secure regional provision

(1) Where the National Assembly for Wales is of the opinion that two or more local education authorities in Wales ("Welsh authorities") would be able to carry out their special education functions, in respect of a particular class of children, more effectively or efficiently if regional provision were made, the Assembly may exercise its powers under this section and section 193 with a view to securing that such provision is made.

(2) The Assembly may, by order, do one or more of the following--

(a) direct a Welsh authority to exercise their powers to make proposals for the establishment, alteration or discontinuance of schools;

(b) direct the governing body of a foundation, voluntary or foundation special school maintained by a Welsh authority (a "relevant school") to exercise their powers to make proposals for the alteration of their school;

(i) provision for education is made by one of the authorities in respect of persons from the area (or areas) of the other authority (or authorities), and

(ii) provision is made for determining the payments to be made under the arrangements in respect of the provision of that education;

(d) direct two or more Welsh authorities to make proposals for arrangements that provide for one of those authorities to make to the other (or others) such supplies of goods or services as may be specified in the proposals on such terms (including terms as to payment) as may be so specified;

(e) direct a Welsh authority and the governing bodies of one or more relevant schools to make proposals for arrangements that provide for the authority to make to the governing bodies such supplies of goods or services as may be specified in the proposals, on such terms (including terms as to payment) as may be so specified;

to secure that regional provision is made in relation to such class of children, from such areas, as may be specified in the order.

(3) Where an order contains a direction under paragraph (c) of subsection (2) and also a direction under paragraph (a) or (b) of that subsection, the payments to which paragraph (c) refers may include an amount in respect of such costs connected with the establishment, alteration or discontinuance of the school in question as may be specified in the order.

(4) An order under this section shall--

(a) require the proposals to be published not later than such date as is specified in the order, and

(b) require the body publishing the proposals to send a copy of the published proposals and such information in connection with those proposals as may be prescribed by the order, to the Assembly.

(5) Proposals made in pursuance of an order containing a direction under subsection (2)(c) to (e) must contain such information and be published in such manner as is prescribed by regulations.

(6) Regulations may, in respect of proposals made in pursuance of such an order, make provision for--

(a) consultation on the proposals;

(b) the making of comments on or objections to the proposals;

(d) modification of the proposals;

(e) approval of the proposals by the Assembly;

(f) implementation of the proposals by the body or bodies that made them.

(7) Without prejudice to the generality of subsection (6), regulations under that subsection may include provision equivalent to that made by or under Part 2 of Schedule 6 to the School Standards and Framework Act 1998 (c. 31) in relation to proposals of the kind mentioned in subsection (2)(a) or (b).

(8) Where proposals made by the governing body of a foundation, voluntary or foundation special school in pursuance of an order containing a direction under subsection (2)(b) are approved or, as the case may be, determined to be implemented under that Schedule, then, despite anything in Part 3 of that Schedule, the local education authority shall defray the cost of implementing the proposals.

(9) In this section--

"powers to make proposals for the establishment, alteration or discontinuance of schools" means all or any of the powers of the local education authority to publish proposals under section 28, 29 or 31 of the School Standards and Framework Act 1998;
"powers to make proposals for the alteration of their school", in relation to the governing body of a foundation, voluntary or foundation special school, means their powers to publish proposals under section 28(2)(b) or 31(2)(a) of that Act;
"regional provision" has the same meaning as in section 191;
"special education functions" has the same meaning as in that section.

193 Powers of Assembly to make proposals to secure regional provision

(1) Where--

(a) the National Assembly for Wales has made an order containing directions under section 192(2), and

(b) either--

(i) any proposals have been published in pursuance of the order, or

(ii) the time allowed under the order for the publication of the proposals has expired,

the Assembly may make any such proposals as might have been made, in accordance with any direction contained in the order, by the body or bodies to which it was addressed.

(2) Proposals under this section shall contain such information and be published in such manner as the Assembly thinks fit.

(3) The Assembly shall send a copy of any proposals under this section to--

(a) each local education authority in Wales, and

(b) the governing body of each school to which the proposals relate.

(4) Regulations may make provision about proposals under this section and, in particular, may make provision for--

(a) consultation on the proposals;

(b) the making of comments on or objections to the proposals;

(d) implementation of the proposals by the bodies to which they relate.

(5) Without prejudice to the generality of subsection (4), regulations under that subsection may include provision which applies or reproduces (with or without modification) any provisions of Part 5 or paragraph 17 of Schedule 7 to the School Standards and Framework Act 1998 (c. 31) (procedure for dealing with proposals by the Assembly under that Schedule).

(6) Where proposals made and adopted by the Assembly under this section have effect (by virtue of subsection (5)) as if they were proposals made by the governing body of a foundation, voluntary or foundation special school under their powers to make proposals for the alteration of their school, and approved by the Assembly, then, despite anything in Part 3 of Schedule 6 to that Act, the local education authority shall defray the cost of implementing the proposals.

194 Welsh LEAs' powers to make regional provision

(1) In section 14 of the Education Act 1996 (c. 56) (functions in respect of provision of primary and secondary schools), after subsection (4) there is inserted--

" (4A) A local education authority for an area in Wales may secure that regional schools for providing--

(a) primary education, and

(b) education that is secondary education by virtue of section 2(2)(a),

are available for Wales or any part of Wales that includes the area of the authority.

(4B) For this purpose a "regional school", in relation to a local education authority, is a school maintained by that authority which provides education to meet both--

(a) the needs of pupils with particular special educational needs in their area, and

(b) the needs of such pupils in the rest, or any other part, of Wales,

whether or not the institution also provides education suitable to the requirements of other pupils. "

(2) In section 318 of that Act (provision of goods and services in connection with special educational needs)--

(a) in subsection (3) after "authority" there is inserted "in England", and

(b) after subsection (3A) there is inserted--

" (3B) A local education authority in Wales may supply goods and services to any authority in Wales or other person (other than a governing body within subsection (1)) for the purpose of assisting them in making for a child any special educational provision which any learning difficulty of the child calls for. "

195 The Special Educational Needs Tribunal for Wales

Schedule 18 (the Special Educational Needs Tribunal for Wales) shall have effect.

Other provisions relating only to Wales

196 Publication and provision of material

(1) A local education authority in Wales shall publish any qualifying material which the National Assembly for Wales provides to the authority for the purposes of this subsection.

(2) A local education authority in Wales shall provide to such persons as the Assembly may specify any qualifying material which the Assembly provides to the authority for the purposes of this subsection.

(3) The governing body of any school maintained by a local education authority in Wales shall provide to such persons as the Assembly may specify any qualifying material which the Assembly provides to the body for the purposes of this subsection.

(4) For the purposes of this section, "qualifying material" is material the Assembly considers likely to--

(a) assist parents in choosing schools for their children,

(b) increase public awareness of the quality of education provided at schools, or a school, and of the educational standards achieved there, or

(c) assist in assessing the degree of efficiency with which the financial resources of schools, or a school, are managed.

(5) No material published or provided under this section may name any individual to whom it relates.

(6) The publication or provision of material by a local education authority or governing body under this section shall be in such form and manner as may be prescribed.

197 Partnership agreements and statements

(1) The National Assembly for Wales may by regulations require any local education authority in Wales to enter into a partnership agreement with the governing body of each school maintained by that authority, or each such school of a prescribed class.

(2) For the purposes of this section, a partnership agreement is an agreement about how a local education authority and the governing body of a school are to discharge their respective functions in relation to the school as regards--

(a) such matters as may be prescribed, and

(b) such other matters as the authority and the governing body may agree.

(3) Where a local education authority fail to reach agreement with the governing body of a school for the purposes of subsection (1), the authority may draw up a statement setting out how they and the governing body are to discharge their respective functions in relation to the school as regards the matters prescribed under subsection (2)(a).

(4) Regulations under this section may--

(a) require the parties to a partnership agreement to review the agreement, and

(b) require a local education authority that has drawn up a statement under this section and the governing body to which that statement relates to review the statement,

at such intervals, or in such circumstances, as may be prescribed.

(5) Following a review of a partnership agreement, the parties may agree--

(a) not to change the agreement,

(b) to amend the agreement in such a manner that it remains a partnership agreement, or

but, where they fail to do so, subsection (3) applies as it applies where a local education authority and governing body fail to reach agreement for the purposes of subsection (1).

(6) Following a review of a statement under subsection (3), the local education authority and governing body in question may agree to replace the statement with a partnership agreement, but, where they fail to do so, the authority may amend the statement or draw up a new one (provided the amended or replacement statement is one that could have been drawn up under subsection (3)).

(7) Regulations under this section may make provision for the time by which a local education authority or governing body must comply with any requirement imposed on them by or under the preceding provisions of this section.

(8) In the discharge of their functions in relation to a school maintained by a local education authority in Wales--

(a) the authority, and

(b) the governing body and head teacher of the school,

must have regard to any partnership agreement or statement under this section which for the time being has effect in relation to the school.

198 Transition from primary to secondary school

(1) The National Assembly for Wales may require--

(a) the governing body of each secondary school maintained by a local education authority in Wales, or of each such secondary school belonging to a class specified in the requirement, and

(b) the governing body of each of its feeder primary schools maintained by such an authority,

jointly, to draw up plans to facilitate the transition from primary school to secondary school of pupils at those primary schools who are admitted to the secondary school.

(2) In determining whether, for the purposes of this section, a particular school is to be regarded as a feeder primary school, in relation to a particular secondary school, regard is to be had to any guidance given, from time to time, by the Assembly.

(3) Regulations may--

(a) provide for the Assembly to determine any disputes as to whether a particular school is a feeder primary school of a particular secondary school for the purposes of this section; and

(b) make provision about plans under this section, including provision which specifies the period within which such plans are to be drawn up and provision about the content, review and amendment of such plans.

(4) In carrying out any functions conferred on them by or under this section, governing bodies must have regard to any guidance given, from time to time, by the Assembly.

(5) In the discharge of their functions under any enactment, the governing body of a school maintained by a local education authority in Wales, and the head teacher of that school, must have regard to any plans drawn up by the governing body under this section which for the time being have effect.

Provision of services

199 Transport for persons over compulsory school age

Schedule 19 (transport for persons over compulsory school age) shall have effect.

200 Remission of charges relating to residential trips

In section 457 of the Education Act 1996 (c. 56) (charges and remissions policies), in subsection (4) (entitlement to complete remission of charges in respect of board and lodging on a residential trip), for paragraph (b) there is substituted--

" (b) the pupil's parent is--

(i) in receipt of income support,

(ii) in receipt of an income-based jobseeker's allowance (payable under the Jobseekers Act 1995), or

(iii) in receipt of any other benefit or allowance, or entitled to any tax credit under the Tax Credits Act 2002 or element of such a tax credit, prescribed for the purposes of this paragraph, in such circumstances as may be so prescribed,

in respect of any period wholly or partly comprised in the time spent on the trip. "

201 LEA functions concerning school lunches, milk etc.

(1) For section 512 of the Education Act 1996 (provision of meals etc. at schools maintained by local education authorities) there is substituted--

" 512 LEA functions concerning provision of meals, etc.

(1) A local education authority may provide--

(a) registered pupils at any school maintained by the authority,

(b) other persons who receive education at such a school, and

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