Education Act 2002 (c. 32)

(The document as of February, 2008)

-- Back --

Page 3

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20

(a) as to the procedure to be followed where the governing body of a school within subsection (1) propose to make any change in the time of the school sessions;

(b) as to the implementation of any such proposal;

(c) for enabling the local education authority to determine, for any purposes of the regulations, whether any person is to be treated as a parent of a registered pupil at the school.

(4) In this section "the times of the school sessions" means the times at which each of the school sessions (or, if there is only one, the school session) is to begin and end on any day.

33 Annual parents' meetings

(1) Once in every school year the governing body of a maintained school shall hold a meeting (an "annual parents' meeting") which is open to--

(a) all parents of registered pupils at the school,

(b) the head teacher, and

(2) The purpose of the meeting is to provide an opportunity for discussion of the manner in which the school has been, and is to be, conducted, and of any other matters relating to the school raised by parents of registered pupils.

(3) Regulations may make provision as to circumstances in which a governing body are to be exempt from the obligation imposed by subsection (1).

34 Arrangements for government of new schools

(1) Where proposals for the establishment of a maintained school fall to be implemented under any enactment, the local education authority shall make arrangements providing for the constitution of a temporary governing body for the school.

(2) Once constituted in accordance with arrangements made under subsection (1), the temporary governing body shall continue in existence until such time as the governing body are constituted for the school under an instrument of government.

(3) The local education authority shall secure that the governing body are so constituted before such date as may be determined in accordance with regulations.

(4) The requirement for there to be an instrument of government for a school (imposed by section 20) shall take effect in relation to a school falling within subsection (1) above as from the date determined under subsection (3).

(5) Regulations may make provision with respect to--

(a) the making and termination of arrangements for the constitution of temporary governing bodies, including such arrangements made in anticipation of proposals falling to be implemented as mentioned in subsection (1),

(b) the constitution, meetings and proceedings of temporary governing bodies, the payment of allowances to temporary governors, and the appointment of clerks to such bodies,

(d) the transition from a temporary governing body to a governing body constituted under an instrument of government, and

(e) such other matters relating to temporary governing bodies as the Secretary of State, or as the case may be the National Assembly for Wales, considers appropriate.

(6) Regulations under subsection (5) may, in connection with any matters falling within that subsection--

(a) modify any provision made under any of sections 19, 20 or 23 or by Schedule 1;

(b) apply any such provision with or without modifications;

(7) Subject to subsection (8), the temporary governing body of a school shall be treated for the purposes of the Education Acts as if they were the governing body during the period--

(a) beginning with the school opening date, and

(b) ending with the time when the governing body are constituted for the school under an instrument of government;

and for the purposes of section 30(3) of this Act and sections 495 to 498 of the Education Act 1996 (c. 56) (general default powers of the Secretary of State) the temporary governing body of a school shall also be so treated at any time falling before the school opening date.

(8) Despite subsection (7), nothing in any of the following provisions, namely--

(a) section 20(1),

(b) (subject to any regulations made under subsection (5)) Schedule 1, or

applies to any temporary governing body.

(9) In this section "school opening date", in relation to a new maintained school, means the date when the school first admits pupils.

35 Staffing of community, voluntary controlled, community special and maintained nursery schools

(1) This section applies to--

(a) community schools,

(b) voluntary controlled schools,

(d) maintained nursery schools.

(2) Any teacher or other member of staff who is appointed to work under a contract of employment at a school to which this section applies is to be employed by the local education authority.

(3) The teaching staff of any school to which this section applies shall include--

(a) a person appointed as head teacher, or

(b) a person appointed to carry out the functions of the head teacher of the school--

(i) pending the appointment of a head teacher, or

(ii) in the absence of the head teacher.

(4) Regulations may make further provision with respect to the staffing of schools to which this section applies.

(5) Regulations under subsection (4) may, in particular--

(a) make provision with respect to the appointment, discipline, suspension and dismissal of teachers and other staff,

(b) make provision with respect to the appointment of teachers and other staff to work at a school otherwise than under a contract of employment,

(c) make provision with respect to staff employed, or engaged otherwise than under a contract of employment, wholly or partly for the purposes of--

(i) the provision of facilities and services under section 27, or

(ii) any other activities which are not school activities but are carried on on the school premises under the management or control of the governing body, and

(d) confer functions on local education authorities, governing bodies and head teachers.

(6) In relation to teachers at a voluntary controlled school who are reserved teachers within the meaning of section 58 of the School Standards and Framework Act 1998 (c. 31) (appointment and dismissal of certain teachers at schools with a religious character), regulations under subsection (4) shall have effect subject to the provisions of that section.

(a) regulations under subsection (4) shall not apply, and

(b) the provisions of Part 1 of Schedule 2 shall apply instead.

(8) In discharging any function conferred by regulations under subsection (4), a local education authority or the governing body or head teacher of a maintained school shall have regard to any guidance given from time to time--

(a) in relation to England, by the Secretary of State, or

(b) in relation to Wales, by the National Assembly for Wales.

36 Staffing of foundation, voluntary aided and foundation special schools

(1) This section applies to--

(a) foundation schools,

(b) voluntary aided schools, and

(2) Except as provided by regulations under subsection (4), any teacher or other member of staff who is appointed to work under a contract of employment at a school to which this section applies is to be employed by the governing body of the school.

(3) The teaching staff of any school to which this section applies shall include--

(a) a person appointed as head teacher, or

(b) a person appointed to carry out the functions of the head teacher of the school--

(i) pending the appointment of a head teacher, or

(ii) in the absence of the head teacher.

(4) Regulations may make further provision with respect to the staffing of schools to which this section applies.

(5) Regulations under subsection (4) may, in particular--

(a) make provision with respect to the appointment, discipline, suspension and dismissal of teachers and other staff,

(b) make provision with respect to the appointment of teachers and other staff to work at a school otherwise than under a contract of employment,

(c) make provision with respect to staff employed, or engaged otherwise than under a contract of employment, wholly or partly for the purposes of--

(i) the provision of facilities and services under section 27, or

(ii) any other activities which are not school activities but are carried on on the school premises under the management or control of the governing body,

(d) enable teachers and other staff to be employed by the local education authority in prescribed cases, and

(e) confer functions on local education authorities, governing bodies and head teachers.

(6) Regulations under subsection (4) shall have effect subject to section 58 of the School Standards and Framework Act 1998 (c. 31) (appointment and dismissal of certain teachers at schools with a religious character).

(7) If at any time a school to which this section applies does not have a delegated budget by virtue of any suspension under section 17 of, or Schedule 15 to, the School Standards and Framework Act 1998, regulations under subsection (4) shall have effect subject to the provisions of Part 2 of Schedule 2.

(a) in relation to England, by the Secretary of State, or

(b) in relation to Wales, by the National Assembly for Wales.

37 Payments in respect of dismissal, etc.

(1) It shall be for the governing body of a maintained school to determine--

(a) whether any payment should be made by the local education authority in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of the school, and

(b) the amount of any such payment.

(2) Subsection (1) does not, however, apply in relation to a payment which the local education authority are required to make--

(a) by virtue of any contract other than one made in contemplation of the impending dismissal or resignation of the member of staff concerned, or

(b) under any statutory provision.

(3) The local education authority--

(a) shall take such steps as may be required for giving effect to any determination of the governing body under subsection (1), and

(b) shall not make, or agree to make, a payment in relation to which that subsection applies except in accordance with such a determination.

(4) Subject to subsection (7), costs incurred by the local education authority in respect of any premature retirement of a member of the staff of a maintained school shall be met from the school's budget share for one or more financial years except in so far as the authority agree with the governing body in writing (whether before or after the retirement occurs) that they shall not be so met.

(5) Subject to subsection (7), costs incurred by the local education authority in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of a maintained school shall not be met from the school's budget share for any financial year except in so far as the authority have good reason for deducting those costs, or any part of those costs, from that share.

(6) The fact that the authority have a policy precluding dismissal of their employees by reason of redundancy is not to be regarded as a good reason for the purposes of subsection (5); and in this subsection the reference to dismissal by reason of redundancy shall be read in accordance with section 139 of the Employment Rights Act 1996 (c. 18).

(7) Where a local education authority incur costs--

(a) in respect of any premature retirement of any member of the staff of a maintained school who is employed for community purposes, or

(b) in respect of the dismissal, or for the purpose of securing the resignation, of any member of the staff of a maintained school who is employed for those purposes,

they shall recover those costs from the governing body except in so far as the authority agree with the governing body in writing (whether before or after the retirement, dismissal or resignation occurs) that they shall not be so recoverable.

(8) Any amount payable by virtue of subsection (7) by the governing body of a maintained school to the local education authority shall not be met by the governing body out of the school's budget share for any financial year.

(9) Where a person is employed partly for community purposes and partly for other purposes, any payment or costs in respect of that person is to be apportioned between the two purposes; and the preceding provisions of this section shall apply separately to each part of the payment or costs.

(10) Regulations may make provision with respect to the recovery from governing bodies of amounts payable by virtue of subsection (7).

(11) Subsections (1) to (6) do not apply to a maintained school at any time when the school does not have a delegated budget by virtue of any suspension under section 17 of, or Schedule 15 to, the School Standards and Framework Act 1998 (c. 31).

(12) In this section "community purposes" means the purposes of the provision of facilities or services under section 27.

38 Communication with schools

(1) In considering whether to issue any guidance or other circular to the governing bodies or head teachers of maintained schools in the exercise of functions relating to education, the Secretary of State and the National Assembly for Wales shall have regard to--

(a) the desirability of providing information about good educational practice, while recognising the professional expertise of teachers,

(b) the benefits that are expected to result from the issue of the guidance or other circular, and

(i) the sending of excessive material to governing bodies or head teachers, and

(ii) the imposition of excessive administrative burdens on governing bodies or head teachers.

(2) In pursuance of the duty in subsection (1) the Secretary of State shall in respect of each academic year--

(a) prepare a report listing--

(i) documents sent by him during the year to all governing bodies of maintained schools in England or to all head teachers of such schools, and

(ii) documents (not falling within sub-paragraph (i)) sent by him during the year to all governing bodies of maintained schools in England of a particular kind or to all head teachers of such schools of a particular kind, and

(b) lay a copy of the report before each House of Parliament, and include within it comparative statistics in respect of each of the two preceding academic years on documents falling within this subsection sent out by him.

(3) In pursuance of the duty in subsection (1) the National Assembly for Wales shall in respect of each academic year prepare and publish a report listing--

(a) documents sent by the Assembly during the year to all governing bodies of maintained schools in Wales or to all head teachers of such schools, and

(b) documents (not falling within paragraph (a)) sent by the Assembly during the year to all governing bodies of maintained schools in Wales of a particular kind or to all head teachers of such schools of a particular kind.

(4) The documents referred to in subsections (2) and (3) do not include any document sent by the Secretary of State or the National Assembly for Wales--

(a) otherwise than in the exercise of functions relating to education, or

(b) at the request of the person to whom it is sent.

(5) Each document issued by the Secretary of State or the National Assembly for Wales and falling within subsection (2)(a)(i) or (ii) or (3)(a) or (b) shall list within it previous relevant documents issued by the Secretary of State or the National Assembly for Wales and shall state clearly those documents which are superseded by the current document.

(6) Each document issued by the Secretary of State or the National Assembly for Wales and falling within subsection (2)(a)(i) or (ii) or (3)(a) or (b) shall state clearly the persons for whom any advice and guidance is intended.

(7) In this section "academic year" means a period beginning with 1st August and ending with the next 31st July.

39 Interpretation of Chapter 1

(1) In this Chapter--

"budget share" has the same meaning as in Part 2 of the School Standards and Framework Act 1998 (c. 31);
"federation" and "federated school" have the meaning given by section 24;
"maintained school" means a community, foundation or voluntary school, a community or foundation special school or a maintained nursery school;
"maintained nursery school" means a nursery school which is maintained by a local education authority and is not a special school;
"statutory provision" means a provision contained in an Act or in subordinate legislation within the meaning of the Interpretation Act 1978 (c. 30).

(2) In this Chapter--

(a) references to a school having a delegated budget are references to the governing body of the school being entitled to manage the school's budget share, and

(b) where a school has a delegated budget the governing body are accordingly said to have a right to a delegated budget.

40 Amendments of Part 2 of School Standards and Framework Act 1998

Schedule 3 (which contains amendments of Part 2 of the School Standards and Framework Act 1998 relating to the power conferred by section 27 and to the engagement of staff otherwise than as employees) shall have effect.

Chapter 2 Financing of maintained schools

Determination of budgets

41 Determination of specified budgets of LEA

(1) After section 45 of the School Standards and Framework Act 1998 there is inserted--

" 45A Determination of specified budgets of LEA

(1) For the purposes of this Part, a local education authority's "LEA budget" for a financial year is the amount appropriated by the authority for meeting all expenditure by the authority in that year of a class or description prescribed for the purposes of this subsection.

(2) For the purposes of this Part, a local education authority's "schools budget" for a financial year is the amount appropriated by the authority for meeting all expenditure by the authority in that year of a class or description prescribed for the purposes of this subsection (which may include expenditure incurred otherwise than in respect of schools).

(3) For the purposes of this Part, a local education authority's "individual schools budget" for a financial year is the amount remaining after deducting from the authority's schools budget for that year such planned expenditure by the authority in respect of that year as they may determine should be so deducted in accordance with regulations.

(4) Regulations under subsection (3) may--

(a) prescribe classes or descriptions of expenditure which are authorised or required to be deducted from an authority's schools budget;

(b) provide, in relation to any prescribed class or description of expenditure specified in the regulations, that such expenditure may only be deducted subject to either or both of the following, namely--

(i) such limit or limits (however framed) as may be specified by or determined in accordance with the regulations, and

(ii) such other conditions as may be so specified or determined.

(5) Before the end of January in any financial year, a local education authority shall--

(a) determine the proposed amount of their schools budget for the following financial year, and

(b) give notice of their determination to the Secretary of State and to the governing body of every school maintained by the authority. "

(2) In section 45 of that Act (maintained schools to have budget shares), in subsection (1) for "46" there is substituted "45A".

(3) Section 46 of that Act (determination of LEA's local schools budget and individual schools budget) shall cease to have effect.

42 Power of Secretary of State to set minimum schools budget

After section 45A of the School Standards and Framework Act 1998 (c. 31) there is inserted--

" 45B Power of Secretary of State to set minimum schools budget for LEA

(1) If it appears to the Secretary of State that, in all the circumstances, the amount proposed in a notice under section 45A(5) as a local education authority's schools budget for a financial year is inadequate, the Secretary of State may, within the period of fourteen days beginning with the day on which the notice was given, give the authority a notice under subsection (4) or (5).

(2) If at the end of January in any financial year a local education authority have failed to give the Secretary of State a notice under section 45A(5) in relation to their schools budget for the following financial year, the Secretary of State may, at any time after the end of that January, give the authority a notice under subsection (4) or (5).

(3) In this section and section 45C "the year under consideration" means the financial year to which the notice under section 45A(5) relates or, in a case falling within subsection (2), the financial year in relation to which such a notice ought to have been given.

(4) A notice under this subsection is a notice determining the minimum amount of the authority's schools budget for the year under consideration.

(5) A notice under this subsection is a notice which--

(a) specifies the amount which the Secretary of State would have determined as the minimum amount of the authority's schools budget for the year under consideration if he had acted under subsection (4), and

(b) states the Secretary of State's intention to determine the minimum amount of the authority's schools budget for the following financial year.

(6) A notice under subsection (4) or (5) must include a statement of the Secretary of State's reasons for giving the notice.

(7) The Secretary of State may act under different subsections in relation to different authorities.

45C Effect of notice under section 45B(4)

(1) The local education authority may, within the period of fourteen days beginning with the date of a notice under section 45B(4), give the Secretary of State notice of their objection to his determination, giving reasons for their objection.

(2) Where the local education authority have given notice of their objection under subsection (1), the notice under section 45B(4) shall cease to have effect, but the Secretary of State may by order prescribe the minimum amount of the authority's schools budget for the year under consideration.

(3) The amount prescribed under subsection (2) must not be greater than the amount specified in the notice under section 45B(4).

(4) An order under subsection (2) may relate to two or more authorities.

(5) No order under subsection (2) may be made in relation to one or more authorities in England unless a draft of the order has been laid before and approved by a resolution of the House of Commons.

(6) Where--

(a) a notice under section 45B(4) has been given to a local education authority and no notice of objection has been given during the period specified in subsection (1), or

(b) an order has been made under subsection (2),

the local education authority shall determine a schools budget for the year under consideration which is not less than the amount specified in relation to the authority in the notice or order. "

43 Schools forums

After section 47 of the School Standards and Framework Act 1998 (c. 31) there is inserted--

" Schools forums

47A Schools forums

(1) Every local education authority shall in accordance with regulations establish for their area before such date as may be prescribed a body, to be known as a schools forum, representing the governing bodies and head teachers of schools maintained by the authority and, if the authority so determine, also representing such bodies as the authority may from time to time in accordance with regulations determine.

(2) Subsection (1) does not apply in relation to the Common Council of the City of London or the Council of the Isles of Scilly.

(3) The purpose of a schools forum is to advise the relevant authority on such matters relating to the authority's schools budget as may be prescribed by regulations under section 45A(3) or by regulations under this subsection.

(4) Regulations under section 45A(3) or under subsection (3) may include provision requiring a relevant authority to have regard to advice given by their schools forum, or requiring a relevant authority to consult their schools forum in relation to prescribed matters or before taking prescribed decisions.

(5) Regulations may make provision as to the constitution, meetings and proceedings of a schools forum.

(6) Regulations made by virtue of subsection (5) may include provision enabling the Secretary of State in prescribed circumstances to remove from membership of a schools forum any non-schools member.

(7) Regulations may make provision with respect to expenses of a schools forum.

(8) Except as provided by regulations, the expenses of a schools forum shall be defrayed by the relevant authority.

(9) In this section--

"non-schools member", in relation to a schools forum, means a member other than a schools member;
"relevant authority", in relation to a schools forum, means the local education authority by whom the forum is established;
"schools member", in relation to a schools forum, means a member elected to represent governing bodies or head teachers of schools maintained by the relevant authority. "

Accounts and financial statements

44 Accounts of maintained schools

(1) Regulations may require the governing body of a maintained school--

(a) to keep prescribed accounts and prescribed records in relation to the accounts,

(b) to prepare prescribed financial statements or reports,

(d) to send copies of the accounts, together with such financial statements or reports as may be prescribed, to the local education authority.

(2) The regulations may--

(a) impose on the governing body requirements relating to--

(i) resources held by the governing body, and

(ii) other resources whose application is controlled by the governing body, and

(b) provide that for the purposes of the regulations any resources which, although not held by the governing body, appear to the local education authority to be available for the purposes of the school or for the purposes of the maintenance of any part of the school premises are to be taken to fall within paragraph (a)(ii) unless the governing body satisfy the local education authority that the governing body do not control the application of those resources.

(3) For the purposes of subsection (2), any powers exercisable by the head teacher are to be taken to be exercisable by the governing body.

(4) The Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may require a local education authority to give him or it copies of accounts or other documents received by the authority from a governing body in accordance with regulations under this section.

(5) The regulations may prescribe the form or manner in which, the period by reference to which, and the time within which, anything required by the regulations must be done.

(6) The Secretary of State (in relation to England) or the National Assembly for Wales (in relation to Wales) may--

(a) publish information provided in accordance with regulations under this section in such form and manner as he or it considers appropriate,

(b) make arrangements for such information to be published in such form and manner, and by such persons, as he or it may specify for the purposes of this section, and

(c) make regulations requiring local education authorities to publish prescribed categories of such information, together with such supplementary information as may be prescribed, in such form and manner as may be prescribed.

(7) In this section "maintained school" has the same meaning as in Chapter 1.

45 Financial statements

(1) Section 52 of the School Standards and Framework Act 1998 (c. 31) (financial statements by local education authority) is amended as follows.

(2) In subsection (2), the word "and" at the end of paragraph (b) is omitted and after paragraph (c) there is inserted " and

(d) accountable resources held, received or expended in the year by any person in relation to a school maintained by the authority. "

(3) After subsection (2) there is inserted--

" (2A) In subsection (2)(d), "accountable resources", in relation to a maintained school, means any resources which are not provided by the local education authority but in respect of which an obligation is imposed on the governing body of the school by virtue of regulations under section 44 of the Education Act 2002 (accounts of maintained schools). "

Chapter 3 Admissions, exclusions and attendance

Admission arrangements

46 Admission forums

After section 85 of the School Standards and Framework Act 1998 there is inserted--

" Admission forums

85A Admission forums

(1) A local education authority shall in accordance with regulations establish for their area a body, to be known as an admission forum, for the purpose of--

(a) advising the authority on such matters connected with the exercise of the authority's functions under this Chapter as may be prescribed, and

(b) advising the admission authorities for maintained schools in the area for which the forum is established on--

(i) such matters connected with the determination of admission arrangements, and

(ii) such other matters connected with the admission of pupils,

as may be prescribed.

(2) The authority may establish sub-committees of the forum.

(3) Regulations may make provision--

(a) as to the constitution, meetings and proceedings of an admission forum and of any such sub-committee,

(b) as to the manner in which advice is to be given by a forum, and

(4) The bodies mentioned in paragraphs (a) and (b) of subsection (1) shall have regard, in carrying out their functions, to any relevant advice given to them by an admission forum under that subsection.

(5) The local education authority shall make arrangements for the forum (and any sub-committee established under subsection (2)) to be provided with accommodation and with such services as the authority consider appropriate. "

47 Admission numbers

(1) For section 86(5) of the School Standards and Framework Act 1998 (c. 31) (no prejudice for the purposes of subsection (3)(a) to be taken to arise from the admission of a number of pupils not exceeding the relevant standard number or the admission number, whichever is greater) there is substituted--

" (5) No prejudice shall be taken to arise for the purposes of subsection (3)(a) from the admission to a maintained school in a school year of a number of pupils in a relevant age group which does not exceed the number determined under section 89 as the number of pupils in that age group that it is intended to admit to the school in that year; but this subsection does not apply if the conditions set out in subsection (5A) are met in relation to the school and the school year.

(5A) Those conditions are--

(a) that the school is one at which boarding accommodation is provided for pupils; and

(b) that the determination under section 89 by the admission authority of the admission arrangements which are to apply for that year includes the determinations mentioned in paragraphs (a) and (b) of section 89A(2).

(5B) Where the conditions set out in subsection (5A) are met in relation to a maintained school and a school year, no prejudice shall be taken to arise for the purposes of subsection (3)(a) from either of the following--

(a) the admission to the school in that year as boarders of a number of pupils in a relevant age group which does not exceed the number determined under section 89 as the number of pupils in that age group that it is intended to admit to the school in that year as boarders;

(b) the admission to the school in that year otherwise than as boarders of a number of pupils in a relevant age group which does not exceed the number determined under section 89 as the number of pupils in that age group that it is intended to admit to the school in that year otherwise than as boarders. "

(2) After section 89 of that Act there is inserted--

" 89A Determination of admission numbers

(1) A determination under section 89 by the admission authority for a maintained school of the admission arrangements which are to apply for a school year shall include a determination of the number of pupils in each relevant age group that it is intended to admit to the school in that year.

(2) Such a determination under section 89 may also, if the school is one at which boarding accommodation is provided for pupils, include--

Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20

-- Back --

Stat