Education Act 2002 (c. 32)

(The document as of February, 2008)

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with milk, meals and other refreshments.

(2) Where provision is made under subsection (1), it shall be made--

(a) in a case within paragraph (a) or (b) of that subsection, either on the school premises or at any other place where education is being provided, and

(b) in a case within paragraph (c) of that subsection, at any place where education is being provided.

(3) A local education authority shall exercise their power under subsection (1) to provide school lunches for any person within paragraph (a) or (c) of that subsection if--

(a) any prescribed requirements are met,

(b) a request for the provision of school lunches has been made by or on behalf of that person to the authority, and

(i) that person is eligible for free lunches (within the meaning of section 512ZB(2)), or

(ii) in the case of a person within subsection (1)(a), it would not be unreasonable for the authority to provide the lunches.

(4) Subject to section 114(2) of the School Standards and Framework Act 1998 (c. 31) (lunches provided by LEAs to meet nutritional standards), any school lunches provided by a local education authority pursuant to subsection (3) may take such form as the authority think fit.

(5) A local education authority shall provide at any school maintained by them such facilities as they consider appropriate for the consumption of any meals or other refreshment brought to the school by registered pupils.

(6) In this section--

"prescribed" means prescribed by the Secretary of State by order;
"relevant funded nursery education", in relation to a local education authority, means education provided by a person other than the governing body of a maintained school (within the meaning of section 20(7) of the School Standards and Framework Act 1998) or a maintained nursery school--
(a)
under arrangements made with that person by the authority in pursuance of the duty imposed on the authority by section 118 of that Act (duty of LEA to secure sufficient nursery education), and
(b)
in consideration of financial assistance provided by the authority under those arrangements;
"school lunch"--
(a)
in relation to a pupil, means food made available for consumption by the pupil as his midday meal on a school day, and
(b)
in relation to a child receiving relevant funded nursery education at an establishment other than a school, means food made available for consumption by the child as his midday meal on a day on which he receives that education,

whether involving a set meal or the selection of items by him or otherwise;

and references, in relation to a local education authority, to a school maintained by the authority are to a community, foundation or voluntary school, a community or foundation special school, a maintained nursery school or a pupil referral unit maintained by the authority.

512ZA Duty to charge for meals etc.

(1) A local education authority shall charge for anything provided by them under subsection (1) or (3) of section 512.

(2) A local education authority shall charge every person the same price for the same quantity of the same item.

(3) This section is subject to section 512ZB.

512ZB Provision of free school lunches and milk

(1) Where the local education authority provide a school lunch in accordance with section 512(3) to a person who is eligible for free lunches, the authority shall provide the meal free of charge.

(2) For this purpose a person is eligible for free lunches if--

(a) he is within subsection (4), and

(b) a request that the school lunches be provided free of charge has been made by him or on his behalf to the authority.

(3) Where a local education authority exercise their power under subsection (1) of section 512 to provide a person within paragraph (a) or (c) of that subsection with milk, the authority shall provide the milk free of charge if--

(a) the person is within subsection (4), and

(b) a request that the milk be provided free of charge has been made by him or on his behalf to the authority.

(4) A person is within this subsection if--

(a) his parent is--

(i) in receipt of income support,

(ii) in receipt of an income-based jobseeker's allowance (payable under the Jobseekers Act 1995 (c. 18)),

(iii) in receipt of support provided under Part 6 of the Immigration and Asylum Act 1999 (c. 33), or

(iv) in receipt of any other benefit or allowance, or entitled to any tax credit under the Tax Credits Act 2002 (c. 21) or element of such a tax credit, prescribed for the purposes of this paragraph, in such circumstances as may be so prescribed, or

(b) he, himself, is--

(i) in receipt of income support,

(ii) in receipt of an income-based jobseeker's allowance, or

(iii) in receipt of any other benefit or allowance, or entitled to any tax credit under the Tax Credits Act 2002 (c. 21) or element of such a tax credit, prescribed for the purposes of this paragraph, in such circumstances as may be so prescribed.

(5) In this section "prescribed" and "school lunch" have the same meaning as in section 512. "

(2) In section 512A of that Act (transfer of functions under section 512 to governing bodies)--

(a) in subsection (2)--

(i) in paragraph (a) for "section 512(1A) and (1B)" there is substituted "section 512(3) and (4)",

(ii) in paragraph (b) for "section 512(3)(a)" there is substituted "section 512ZB(1)", and

(iii) in paragraph (c) for "section 512(3)(b)" there is substituted "section 512ZB(3)", and

(b) in subsection (6) for "section 512(2)(b)" there is substituted "section 512ZA(2)".

(3) In section 114 of the School Standards and Framework Act 1998 (c. 31) (nutritional standards for school lunches for pupils at schools maintained by local education authorities)--

(a) in subsection (1), after "lunches for" there is inserted "(a)" and after "authorities" there is inserted " , or

(b) other persons who are provided with school lunches free of charge in accordance with section 512ZB of the Education Act 1996; " ,

(b) in subsection (2), after "a school" there is inserted "or for such other persons who are provided with school lunches free of charge", and

(c) in subsection (3)(b), at the beginning there is inserted "in the case of lunches provided to registered pupils at schools maintained by local education authorities,".

Miscellaneous

202 Further education institutions: records

(1) Regulations may make provision about the compilation, retention and disclosure of educational records of further education institutions.

(2) The regulations may, in particular, impose a function on--

(a) a local education authority, or

(b) the governing body of a further education institution.

(3) The regulations may, in particular, make a duty to provide a copy of a record conditional on the payment of a charge which does not exceed the cost of providing the copy.

(4) In this section "further education institution" has the same meaning as in section 140.

203 Further education institutions: hazardous material, etc.

(1) The Secretary of State may by regulations require the governing body of a further education institution in England to prevent the use in the institution of specified equipment or specified materials without the approval of the Secretary of State.

(2) The Secretary of State may specify equipment or materials under this section only if he thinks the equipment or materials might endanger a person's health or safety.

(3) The National Assembly for Wales may by regulations require the governing body of a further education institution in Wales to prevent the use in the institution of specified equipment or specified materials without the approval of the Assembly.

(4) The National Assembly for Wales may specify equipment or materials under this section only if it thinks the equipment or materials might endanger a person's health or safety.

(5) In this section "further education institution" means an institution within the further education sector.

204 Baseline assessments

Chapter 1 of Part 4 of the Education Act 1997 (c. 44) (baseline assessments) shall cease to have effect.

205 Application of Part 5 of Education Act 1996 to nursery education

Section 410 of the Education Act 1996 (c. 56) (which excludes the application of Part 5 of that Act in relation to a nursery school or in relation to a nursery class at a primary school) shall cease to have effect.

206 Nuisance or disturbance on educational premises

Schedule 20 (nuisance or disturbance on educational premises) shall have effect.

207 Recoupment: adjustment between local education authorities

(1) Regulations may provide, in relation to cases where any provision for education to which this section applies is made by a local education authority (in this section referred to as "the providing authority") in respect of a person who belongs to the area of another local education authority, for requiring or authorising the other authority (in this section referred to as the "home authority") to pay to the providing authority--

(a) such amount as the authorities may agree, or

(b) failing agreement, such amount as may be determined by or under the regulations.

(2) This section applies to primary education and secondary education.

(3) The regulations may provide for the amounts payable by one authority to another--

(a) to reflect the whole or any part of the average costs incurred by local education authorities in the provision of education (whether in England and Wales as a whole or in any particular area or areas), and

(b) to be based on figures for average costs determined by such body or bodies representing local education authorities, or on such other figures relating to costs so incurred, as the Secretary of State, or as the case may be the National Assembly for Wales, considers appropriate.

(4) Regulations made under this section in relation to Wales by the National Assembly for Wales may provide for the amounts so payable, in such cases as may be specified in or determined in accordance with the regulations, to be such amounts as may be determined--

(a) where the providing authority and the home authority are both in Wales, by the National Assembly for Wales, or

(b) where the providing authority is in Wales and the home authority is in England, by the Assembly with the consent of the Secretary of State.

(5) Any dispute between local education authorities in Wales as to whether one of them is entitled to be paid any amount by another under the regulations shall be determined by the National Assembly for Wales.

(6) Any dispute between a providing authority in Wales and a home authority in England as to whether the providing authority is entitled to be paid any amount by the home authority under the regulations shall be determined by the National Assembly for Wales with the consent of the Secretary of State.

(7) In this section references to provision for education include provision of any benefits or services for which provision is made by or under this Act or any other enactment relating to education.

208 Recoupment: special cases

(1) In section 493 of the Education Act 1996 (c. 56) (recoupment: cross-border provisions) for subsection (2) there is substituted--

" (2) Subsection (3) of section 207 of the Education Act 2002 (recoupment: adjustment between local education authorities) shall apply for the purposes of this section as it applies for the purposes of that section, but with the omission of the reference to the National Assembly for Wales.

(2A) The regulations may provide for the amounts payable by one authority to another, in such cases as may be specified by or under the regulations, to be such amounts as may be determined by the Secretary of State. "

(2) The function of making regulations under section 494 of the Education Act 1996 (recoupment: excluded pupils), so far as exercisable in relation to Wales, is hereby transferred to the National Assembly for Wales.

(3) The function mentioned in subsection (2) is to be treated as having been transferred to the National Assembly for Wales by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38); and, accordingly, the transfer may be revoked or varied by an Order in Council under that section.

209 Paid chairmen for local learning and skills councils

In Schedule 2 to the Learning and Skills Act 2000 (c. 21) (local learning and skills councils) for paragraph 4 there is substituted--

" Salaries, allowances etc.

4 The Council must pay--

(a) in respect of the chairman of a local council such salary and such travelling, subsistence and other allowances as the Secretary of State may determine, and

(b) in respect of the other members of a local council such travelling, subsistence and other allowances as the Secretary of State may determine. "

General

210 Orders and regulations

(1) Subject to subsection (2), any power of the Secretary of State or the National Assembly for Wales to make an order or regulations under this Act is exercisable by statutory instrument.

(2) Subsection (1) does not apply to any order under--

(a) section 165 or 192, or

(b) paragraph 3(6) or 5 of Schedule 1.

(3) No order shall be made by the Secretary of State under--

(a) section 80(3),

(b) section 82(4)(b),

(d) section 84(6),

(e) section 86, or

(f) section 125(4),

unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

(4) Subject to subsections (5) and (6), a statutory instrument which contains any order or regulations made under this Act by the Secretary of State and is not subject to the requirement in subsection (3) that a draft of the instrument be laid before and approved by a resolution of each House of Parliament, is subject to annulment in pursuance of a resolution of either House of Parliament.

(5) Subsection (4) does not apply to an order under--

(a) section 7(2),

(b) section 87(2)(c) or (3)(c),

(d) section 216.

(6) If an order under section 122 contains only provisions which in the opinion of the Secretary of State give effect without significant modification to recommendations of the School Teachers' Review Body--

(a) the order shall contain a statement to that effect, and

(b) subsection (4) shall not apply.

(7) Any power of the Secretary of State or the National Assembly for Wales to make an order or regulations under this Act includes power--

(a) to make different provisions for different cases or areas,

(b) to make provision generally or only in relation to specific cases, and

(c) to make such incidental, supplemental, saving or transitional provisions as the Secretary of State or the Assembly thinks fit.

(8) Nothing in this Act shall be regarded as affecting the generality of subsection (7).

211 Wales

(1) Subsection (2) applies where--

(a) this Act confers a function (in this section referred to as "the new function") on the Secretary of State by amendment of another Act, and

(b) any functions under that Act have before the passing of this Act been transferred to the National Assembly for Wales by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38) (transfer of Ministerial functions).

(2) The new function, so far as exercisable in relation to Wales, is to be treated as having been transferred to the National Assembly for Wales by an Order in Council under section 22 of the Government of Wales Act 1998 and, accordingly, the transfer may be varied or revoked by an Order in Council under that section.

(3) For the purposes of section 22 of the Government of Wales Act 1998, an Order in Council made by virtue of subsection (2) or section 208(3) is to be treated as if it were revoking or varying a previous Order in Council.

(4) Subsection (2) does not apply in relation to the amendment made by section 208(1).

212 General interpretation

(1) In this Act, unless the context otherwise requires--

"contract of employment" has the meaning given by section 230(2) of the Employment Rights Act 1996 (c. 18);
"the local education authority", in relation to a school maintained (or proposed to be maintained) by a local education authority, means that authority;
"prescribed" means prescribed by regulations;
"regulations" means regulations made under this Act by the Secretary of State (in relation to England) or by the National Assembly for Wales (in relation to Wales).

(2) Subject to subsection (4), the Education Act 1996 (c. 56) and the provisions of this Act specified in subsection (3) are to be construed as if those provisions were contained in that Act.

(3) The provisions of this Act referred to in subsection (2) are--

(a) Part 1 (provision for new legal frameworks),

(b) Part 2 (financial assistance for education and childcare),

(d) Part 5 (school organisation), except section 72 and Schedule 9,

(e) Parts 6 and 7 (the curriculum),

(f) in Part 8, sections 119 to 146,

(g) in Part 9, section 153,

(h) Part 10 (independent schools), and

(i) in this Part, sections 175 and 176, sections 181 to 185, sections 190 to 198 and section 207.

(4) Where an expression is given for the purposes of any provision falling within subsection (3) a meaning different from that given to it for the purposes of the Education Act 1996 (c. 56), the meaning given for the purposes of that provision is to apply instead of the one given for the purposes of that Act.

(5) Unless the context otherwise requires, any reference in this Act or in any Act amended by this Act to a community, foundation or voluntary school or a community or foundation special school is to such a school within the meaning of the School Standards and Framework Act 1998 (c. 31).

213 Financial provisions

(1) There shall be paid out of money provided by Parliament--

(a) any expenditure incurred by the Secretary of State by virtue of this Act, and

(b) any increase attributable to this Act in the sums which by virtue of any other Act are payable out of money provided by Parliament.

(2) Any sums received by the Secretary of State by virtue of this Act shall be paid into the Consolidated Fund.

214 Transitional provisions etc.

(1) Regulations may at any time make such incidental, consequential, transitional or supplementary provision as appears to the Secretary of State, or as the case may be the National Assembly for Wales, to be necessary or expedient for the general purposes, or any particular purposes, of this Act or in consequence of any of its provisions or for giving full effect to it.

(2) Regulations under subsection (1) may, in particular, make provision--

(a) for any provision of this Act which comes into force before--

(i) another such provision has come into force, or

(ii) anything falling to be done under another such provision has been done,

to have effect, until that other provision has come into force or (as the case may be) that thing has been done, with such modifications as are specified in the regulations;

(b) for amending, repealing or revoking (with or without savings) any statutory provision passed or made before the passing of this Act, for applying any such provision (with or without modification) and for making savings or additional savings from the effect of any amendment or repeal made by this Act.

(3) The amendments that may be made under subsection (2)(b) shall be in addition (and without prejudice) to those made by any other provision of this Act.

(4) Nothing in this Act shall be read as prejudicing the generality of subsection (1).

(5) In this section "statutory provision" has the same meaning as in Chapter 1 of Part 3.

215 Minor and consequential amendments and repeals

(1) Schedule 21 (which contains minor and consequential amendments) shall have effect.

(2) The enactments specified in the first column of Schedule 22 (which include spent provisions) are repealed to the extent specified in the second column.

216 Commencement

(1) The following provisions shall come into force on the day on which this Act is passed--

section 13,
section 52(7) to (10),
section 147,
section 186,
section 190,
sections 210 to 214, and
this section and section 217.

(2) The following provisions shall come into force in accordance with provision made by the Secretary of State by order--

sections 65 to 69 and Schedule 7,
section 70 and Schedule 8,
section 71,
section 73,
Part 6,
sections 119 to 130 and Schedule 11,
section 209,
paragraphs 1 to 4 and 9 of Schedule 17, and section 189 so far as relating to those paragraphs,
paragraphs 14, 17, 18, 56, 91 and 119 of Schedule 21, and section 215(1) so far as relating to those paragraphs, and
Part 1 of Schedule 22, and section 215(2) so far as relating to that Part.

(3) The following provisions shall come into force in accordance with provision made by the National Assembly for Wales by order--

Part 7,
section 139,
sections 191 to 198 and Schedule 18,
paragraphs 5 to 8 of Schedule 17, and section 189 so far as relating to those paragraphs, and
Part 2 of Schedule 22, and section 215(2) so far as relating to that Part.

(4) Subject to subsections (1) to (3), this Act shall come into force--

(a) except in relation to Wales, in accordance with provision made by the Secretary of State by order, and

(b) in relation to Wales, in accordance with provision made by the National Assembly for Wales by order.

(5) An order under this section may--

(a) make provision generally or for specified purposes only,

(b) make different provision for different purposes, and

217 Short title and extent

(1) This Act may be cited as the Education Act 2002.

(2) This Act shall be included in the list of Education Acts set out in section 578 of the Education Act 1996 (c. 56).

(3) Any amendment or repeal in this Act has the same extent as the provision amended or repealed.

(4) Except as provided by subsection (3), this Act extends to England and Wales only.

SCHEDULES

Section 19(6)

SCHEDULE 1 Incorporation and powers of governing body

Introductory

1 In the following paragraphs of this Schedule--

"the 1998 Act" means the School Standards and Framework Act 1998 (c. 31);
"the governing body" means the governing body of a maintained school incorporated under section 19(1).

Name and seal of governing body

2 (1) The governing body shall be known as "The governing body of...." with the addition of the name of the school as for the time being set out in the school's instrument of government.

(2) The application of the seal of the governing body must be authenticated by the signature--

(a) of the chairman of the governing body, or

(b) of some other member authorised either generally or specially by the governing body to act for that purpose,

together with the signature of any other member.

(3) Every document purporting to be an instrument made or issued by or on behalf of the governing body and--

(a) to be duly executed under the seal of the governing body, or

(b) to be signed or executed by a person authorised by the governing body to act in that behalf,

shall be received in evidence and treated, without further proof, as being so made or issued unless the contrary is shown.

Powers of governing body

3 (1) The governing body may do anything which appears to them to be necessary or expedient for the purposes of, or in connection with--

(a) the conduct of the school, or

(b) the provision of facilities or services under section 27.

(2) The governing body may provide advice or assistance to--

(a) the governing body of any other maintained school, whether or not maintained by the same local education authority, or

(b) any local education authority.

(3) The powers conferred by sub-paragraphs (1) and (2) include, in particular, power--

(a) to borrow such sums as the governing body think fit and, in connection with such borrowing, to grant any mortgage, charge or other security over any land or other property of the governing body,

(b) to acquire and dispose of land and other property,

(d) to invest any sums not immediately required for the purposes of carrying on any activities they have power to carry on,

(e) to accept gifts of money, land or other property and apply it, or hold and administer it on trust, for any of those purposes, and

(f) to do anything incidental to the conduct of the school, the provision of advice or assistance under sub-paragraph (2), or the provision of facilities and services under section 27.

(4) The power to borrow money and grant security mentioned in sub-paragraph (3)(a) may only be exercised with the written consent--

(a) of the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales), or

(b) if an order under sub-paragraph (5) so provides, of the local education authority;

and any such consent may be given for particular borrowing or for borrowing of a particular class.

(5) The Secretary of State or the National Assembly for Wales may by order make provision for any of his or its functions under sub-paragraph (4) to be instead exercisable--

(a) in the case of all maintained schools, or

(b) in the case of any class of such schools specified in the order,

by the local education authorities by whom those schools are maintained.

(6) In exercising those functions those authorities shall comply with any directions contained in an order made by the Secretary of State or the National Assembly for Wales.

(7) Where the school is a foundation, voluntary aided or foundation special school, the power to enter into contracts mentioned in sub-paragraph (3)(c) includes power to enter into contracts for the employment of teachers and other staff, but no such contracts may be entered into by the governing body of a community, voluntary controlled or community special school or of a maintained nursery school.

(8) Sub-paragraphs (1) to (3) have effect subject to--

(a) any provisions of the school's instrument of government, and

(b) any provisions of a scheme under section 48 of the 1998 Act (local education authorities' financial schemes) which relates to the school.

4 Regulations may make further provision--

(a) as to the general powers of the governing body, and

(b) as to other matters relating to it as a body corporate.

Dissolution of governing body

5 (1) If the school is discontinued, the governing body are dissolved by virtue of this paragraph--

(a) on the discontinuance date, or

(b) on such later date as the Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may specify by order made before the discontinuance date.

(2) In this paragraph "the discontinuance date" means--

(a) the date on which proposals for discontinuing the school are implemented under Part 3 of Schedule 6 to the 1998 Act or under Schedule 7 or 7A to the Learning and Skills Act 2000 (c. 21),

(b) the date when the school is discontinued under section 30 of the 1998 Act, or

as the case may be.

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