Education Reform Act 1988 (c. 40)

(The document as of February, 2008)

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(7) The validity of proceedings of the council or of the members of the council of any particular category shall not be affected--

(a) by a vacancy in the office of any member of the council required by subsection (3) of that section; or

(b) on the ground that a member of the council appointed to represent any denomination or associations does not at the time of the proceedings represent the denomination or associations in question.

Curriculum and Assessment Councils

14 Establishment of Councils

(1) There shall be established--

(a) a body corporate known as the National Curriculum Council;

(b) a body corporate known as the Curriculum Council for Wales; and

each of which shall perform the functions assigned to it by this Chapter.

(2) Each Council shall consist of not less than ten or more than fifteen members appointed by the Secretary of State, of whom--

(a) one shall be so appointed as chairman; and

(b) another may be so appointed as deputy chairman;

and members so appointed shall include persons having relevant knowledge or experience in education.

(3) The general functions of the Curriculum Council, that is to say, the National Curriculum Council in relation to England and the Curriculum Council for Wales in relation to Wales, shall be--

(a) to keep all aspects of the curriculum for maintained schools under review;

(b) to advise the Secretary of State on such matters concerned with the curriculum for maintained schools as he may refer to it or as it may see fit;

(c) to advise the Secretary of State on, and if so requested by him assist him to carry out, programmes of research and development for purposes connected with the curriculum for schools;

(d) to publish and disseminate, and to assist in the publication and dissemination of, information relating to the curriculum for schools; and

(e) to carry out such ancillary activities as the Secretary of State may direct.

(4) The functions of the School Examinations and Assessment Council shall be--

(a) to keep all aspects of examinations and assessment under review;

(b) to advise the Secretary of State on such matters concerned with examinations and assessment as he may refer to it or as it may see fit;

(c) to advise the Secretary of State on, and if so requested by him assist him to carry out, programmes of research and development for purposes connected with examinations and assessment;

(d) to publish and disseminate, and to assist in the publication and dissemination of, information relating to examinations and assessment;

(e) to make arrangements with appropriate bodies for the moderation of assessments made in pursuance of assessment arrangements;

(f) to advise the Secretary of State on the exercise of his powers under section 5(1) of this Act; and

(g) to carry out such ancillary activities as the Secretary of State may direct.

(5) For the purposes of subsection (3)(e) or (as the case may be) subsection (4)(g) above, activities are ancillary activities in relation to a Council if the Secretary of State considers it is appropriate for the Council to carry out those activities for the purposes of or in connection with the exercise by the Council of any of its other functions under that subsection.

(6) It shall be the duty of each Council--

(a) to furnish the Secretary of State with such reports and other information with respect to the exercise of its functions as he may require; and

(b) in exercising its functions--

(i) to comply with any directions given, and to act in accordance with any plans approved, by the Secretary of State; and

(ii) to have regard to the requirements of section 1 of this Act.

(7) Schedule 2 to this Act shall have effect with respect to each Council.

15 Transfers of property and staff to Councils

(1) References below in this section to the Council are references to each of the following bodies--

(a) the National Curriculum Council;

(b) the Curriculum Council for Wales; and

(2) The Secretary of State may by order provide for the transfer to the Council of--

(a) such of the property of an existing body; and

(b) such of the rights and liabilities of such a body (other than rights and liabilities arising under contracts of employment);

as, in his opinion, require to be so transferred for the purpose of enabling the Council properly to perform its functions; and an order under this subsection may contain such incidental, consequential and supplementary provisions as appear to the Secretary of State to be necessary or expedient.

(3) Subsection (4) below applies to any person who--

(a) immediately before the establishment of the Council is employed by an existing body; and

(b) is as respects the Council designated by order of the Secretary of State.

(4) The contract of employment between a person to whom this subsection applies and the existing body shall have effect from the commencement date of the order under subsection (3) above as if originally made between him and the Council.

(5) Without prejudice to subsection (4) above--

(a) all the existing body's rights, powers, duties and liabilities under or in connection with a contract to which that subsection applies shall by virtue of that subsection be transferred to the Council on the commencement date of the order under subsection (3) above; and

(b) anything done before that date by or in relation to the existing body in respect of that contract or the employee shall be deemed from that date to have been done by or in relation to the Council.

(6) Subsections (4) and (5) above are without prejudice to any right of an employee to terminate his contract of employment if a substantial change is made to his detriment in his working conditions, but no such right shall arise by reason only of the change in employer effected by subsection (4) above.

(7) An order under subsection (3) above may designate a person either individually or as a member of a class or description of employees.

(8) No order under this section shall be made more than six months after the date on which the Council is established; and any order under this section made before that date shall come into force on that date.

(9) In this section--

"commencement date", in relation to an order under subsection (3) above, means the date on which the order comes into force;
"existing body" means the School Curriculum Development Committee or the Secondary Examinations Council.

Special cases

16 Development work and experiments

(1) For the purpose of enabling development work or experiments to be carried out, the Secretary of State may direct as respects a particular maintained school that, for such period as may be specified in the direction, the provisions of the National Curriculum--

(a) shall not apply; or

(b) shall apply with such modifications as may be so specified.

(2) A direction under subsection (1) above may apply either generally or in such cases as may be specified in the direction.

(3) A direction shall not be given under subsection (1) above except--

(a) in the case of a county, controlled or maintained special school, on an application--

(i) by the governing body with the agreement of the local education authority;

(ii) by the local education authority with the agreement of the governing body; or

(iii) by the Curriculum Council with the agreement of both the local education authority and the governing body;

(b) in the case of a grant-maintained, aided or special agreement school, on an application by the governing body or by the Curriculum Council with the agreement of the governing body.

(4) The Secretary of State may make it a condition of a direction under subsection (1) above that any person by whom or with whose agreement the request for the direction was made should, when so directed or at specified intervals, report to the Secretary of State on any matters specified by him.

(5) The Secretary of State may by a direction under this subsection vary or revoke a direction under subsection (1) above.

17 Exceptions by regulations

The Secretary of State may by regulations provide that the provisions of the National Curriculum, or such of those provisions as may be specified in the regulations--

(a) shall not apply; or

(b) shall apply with such modifications as may be so specified;

in such cases or circumstances as may be so specified.

18 Pupils with statements of special educational needs

The special educational provision for any pupil specified in a statement under section 7 of the 1981 Act of his special educational needs may include provision--

(a) excluding the application of the provisions of the National Curriculum; or

(b) applying those provisions with such modifications as may be specified in the statement.

19 Temporary exceptions for individual pupils

(1) The Secretary of State may make regulations enabling the head teacher of any maintained school, in such cases or circumstances and subject to such conditions as may be prescribed--

(a) to direct as respects a registered pupil at the school that, for such period as may be specified in the direction (the "operative period" of the direction), the provisions of the National Curriculum--

(i) shall not apply; or

(ii) shall apply with such modifications as may be so specified; and

(b) to revoke any direction given by him under the regulations and to vary any such direction except so as to extend its operative period.

(2) The conditions prescribed by the regulations shall, in particular, limit the period that may be specified in any direction given under the regulations to a maximum period specified in the regulations; and any maximum period specified in the regulations in relation to directions given under the regulations or in relation to directions so given in any circumstances so specified--

(a) shall be either--

(i) a fixed period not exceeding six months; or

(ii) a period determinable (in such manner as may be specified in the regulations) not later than six months from its beginning; and

(b) may (without prejudice to section 232(5) of this Act) differ according to whether or not the direction in question is given in respect of a period beginning immediately after the end of the operative period of a previous direction or within such period after the end of the operative period of a previous direction as may be specified in the regulations.

(3) Where a head teacher gives a direction under regulations made under this section in the case of any pupil or varies any direction so given, he shall give the information mentioned in subsection (4) below, in such manner as may be prescribed--

(a) to the governing body; and

(b) where the school is a county, voluntary or maintained special school, to the local education authority;

and shall take such steps as may be prescribed to give that information also to a parent of the pupil.

(4) That information is the following--

(a) the fact that he has taken the action in question, its effect and his reasons for taking it;

(b) the provision that is being or is to be made for the pupil's education during the operative period of the direction; and

(i) a description of the manner in which he proposes to secure the full implementation in relation to the pupil after the end of that period of the provisions of the National Curriculum; or

(ii) an indication of his opinion that the pupil has or probably has special educational needs by virtue of which the local education authority would be required to determine the special educational provision that should be made for him (whether initially or on a review of any statement of his special educational needs the authority are for the time being required under section 7 of the 1981 Act to maintain).

(5) Where the head teacher of a grant-maintained school includes such an indication of opinion as is mentioned in subsection (4)(c)(ii) above in information given to the governing body under subsection (3) above, he shall also give that information, in such manner as may be prescribed, to the local education authority.

(6) It shall be the duty of a local education authority, on receiving information given to the authority under this section by the head teacher of any maintained school which includes such an indication of opinion with respect to a pupil, to consider whether any action on their part is required in the case of that pupil under section 5 of the 1981 Act (assessment of special educational needs).

(7) Where the head teacher of a maintained school--

(a) gives, revokes or varies any direction with respect to a pupil under regulations made under this section;

(b) refuses to give, revoke or vary such a direction in response to a request made, in such manner and circumstances as may be prescribed, by the parent of a registered pupil at the school; or

(c) fails within such period as may be prescribed following the making of such a request to give, revoke or vary such a direction in accordance with the request;

the parent of the pupil concerned may appeal to the governing body.

(8) On any such appeal the governing body may--

(a) confirm the head teacher's action; or

(b) direct the head teacher to take such action authorised by the regulations as they consider appropriate in the circumstances;

and it shall be the duty of the head teacher to comply with any directions of the governing body under paragraph (b) above.

(9) The governing body shall notify the appellant and the head teacher in writing of their decision on any such appeal.

(10) Before making any regulations under this section, the Secretary of State shall consult with any persons with whom consultation appears to him to be desirable.

Supplementary

20 Procedure for making certain orders: England

(1) This section applies where the Secretary of State proposes to make--

(a) an order under section 3(4) or 4(2)(a) or (b) of this Act which relates to maintained schools in England; or

(b) regulations under section 17 of this Act which relate to such schools or to pupils at such schools.

(2) The Secretary of State shall refer the proposal to the National Curriculum Council (in this section referred to as "the Council") and give to it directions as to the time within which it is to report to him.

(3) The Council shall give notice of the proposal--

(a) to such associations of local education authorities, bodies representing the interests of school governing bodies and organisations representing school teachers as appear to it to be concerned; and

(b) to any other persons with whom consultation appears to it to be desirable;

and afford them a reasonable opportunity of submitting evidence and representations as to the issues arising.

(4) The report of the Council to the Secretary of State shall contain--

(a) a summary of the views expressed during the consultations;

(b) its recommendations as to the proposal; and

and the Council shall, after submitting its report to the Secretary of State, arrange for the report to be published.

(5) Where the Council has reported to the Secretary of State, he shall--

(a) publish in such manner as, in his opinion, is likely to bring them to the notice of persons having a special interest in education--

(i) a draft of the proposed order or regulations and any associated document; and

(ii) a statement explaining his reasons for any failure to give effect to the recommendations of the Council;

(b) send copies of the documents mentioned in paragraph (a) above to the Council and to each of the persons consulted by the Council; and

(c) allow a period of not less than one month for the submission of evidence and representations with respect to the issues arising.

(6) When the period so allowed has expired, the Secretary of State may make the order or regulations, with or without modifications.

21 Procedure for making certain orders: Wales

(1) This section applies where the Secretary of State proposes to make--

(a) an order under section 3(4) or 4(2)(a) or (b) of this Act which relates to maintained schools in Wales; or

(b) regulations under section 17 of this Act which relate to such schools or to pupils at such schools.

(2) The Secretary of State shall give notice of the proposal--

(a) to the Curriculum Council for Wales; and

(b) to any other persons with whom consultation appears to him to be desirable,

and afford them a reasonable opportunity of submitting evidence and representations as to the issues arising.

(3) After considering any representations submitted to him under subsection (2) above, the Secretary of State shall--

(a) publish in such manner as, in his opinion, is likely to bring them to the notice of persons having a special interest in education--

(i) a draft of the proposed order or regulations and any associated document;

(ii) a statement giving such explanation of the provisions of the order or regulations as he thinks fit; and

(iii) a statement containing a list of the persons consulted by him and a summary of the views expressed;

(b) send copies of the documents mentioned in paragraph (a) above to each of the persons consulted by him; and

(c) allow a period of not less than one month for the submission of evidence and representations with respect to the issues arising.

(4) When the period so allowed has expired, the Secretary of State may make the order or regulations, with or without modifications.

22 Provision of information

(1) The Secretary of State may make regulations requiring, in relation to every maintained school, the local education authority, the governing body or the head teacher to make available either generally or to prescribed persons, in such form and manner and at such times as may be prescribed--

(a) such information relevant for the purposes of this Chapter (including information as to the matters mentioned in subsection (2) below); and

(b) such copies of the documents mentioned in subsection (3) below;

as may be prescribed.

(2) The matters referred to in subsection (1) above are as follows--

(a) the curriculum for maintained schools;

(b) the educational provision made by the school for pupils at the school and any syllabuses to be followed by those pupils; and

(c) the educational achievements of pupils at the school (including the results of any assessments of those pupils, whether under this Chapter or otherwise, for the purpose of ascertaining those achievements).

(3) The documents referred to in subsection (1) above are as follows--

(a) any written statement made by the local education authority under section 17 of the 1986 Act (statement of policy in relation to school curriculum);

(b) any written statement made by the governing body in pursuance of provision made under section 18 of that Act (statement of conclusions as to how (if at all) the local education authority's policy should be modified);

(d) any report prepared by the governing body under section 30 of that Act (annual reports) or section 58(5)(j) of this Act.

(4) Before making regulations under this section, the Secretary of State shall consult with any persons with whom consultation appears to him to be desirable.

(5) Regulations under this section shall not require information as to the results of an individual pupil's assessment (whether under this Chapter or otherwise) to be made available to any persons other than--

(a) the parents of the pupil concerned;

(b) the governing body of the school; or

and shall not require such information to be made available to the governing body or the local education authority except where relevant for the purposes of the performance by that body or authority of any of their functions.

(6) Regulations under this section may authorise local education authorities, governing bodies and head teachers to make a charge (not exceeding the cost of supply) for any documents supplied by them in pursuance of the regulations.

(7) In relation to any maintained school, it shall be the duty of the local education authority and the governing body to exercise their functions with a view to securing that the head teacher complies with any regulations made under this section.

23 Complaints and enforcement

(1) Every local education authority shall, with the approval of the Secretary of State and after consultation with governing bodies of aided schools and of special agreement schools, make arrangements for the consideration and disposal of any complaint made on or after 1st September 1989 which is to the effect that the authority, or the governing body of any county or voluntary school maintained by the authority or of any special school so maintained which is not established in a hospital--

(a) have acted or are proposing to act unreasonably with respect to the exercise of any power conferred or the performance of any duty imposed on them by or under--

(i) any provision of this Chapter; or

(ii) any other enactment relating to the curriculum for, or religious worship in, maintained schools other than grant-maintained schools; or

(b) have failed to discharge any such duty.

(2) The Secretary of State shall not entertain under section 68 or 99 of the 1944 Act any complaint falling within subsection (1) above, unless a complaint concerning the same matter has been made and disposed of in accordance with arrangements made under that subsection.

24 Extension of certain provisions

(1) The Secretary of State may by order direct that the provisions of sections 5 and 10(2)(b) of this Act shall have effect as if--

(a) any reference to pupils of compulsory school age included a reference to--

(i) senior pupils who are of or over that age; and

(ii) persons in full-time further education who are of or over that age but have not attained the age of nineteen (referred to below in this section as "FE students");

(b) any reference to a maintained school included a reference to an institution required to be covered by a scheme made under section 139 of this Act and, except in relation to a local education authority--

(i) any institution within the PCFC funding sector; and

(ii) any institution (other than a university) which provides further education and is a grant-aided institution;

(c) any reference to the head teacher of such a school included a reference to the principal or other head of such an institution; and

(d) any reference to a school year included a reference to an academic year.

(2) An order under this section may make such consequential modifications of section 14(4) of this Act as appear to the Secretary of State to be necessary or expedient.

(3) In relation to FE students in relation to whom sections 5 and 10(2)(b) of this Act have effect by virtue of an order under this section, section 22 of this Act shall have effect--

(a) with the modifications mentioned in subsection (1)(b) and (c) above;

(b) as if the information referred to in paragraph (a) of subsection (1) were information with respect to the following matters--

(i) the qualifications authenticated by outside persons (within the meaning of section 5 of this Act) for which courses of study are to be provided by or on behalf of the institution concerned for such students;

(ii) the courses of study leading to such qualifications which are to be so provided;

(iii) the syllabuses which have been provided or determined for the purposes of those courses; and

(iv) the results of the assessments of such students for the purposes of those qualifications;

(i) the reference to the results of an individual pupil's assessment (whether under this Chapter or otherwise) included a reference to the results of an individual student's assessment for the purposes of any such qualification; and

(ii) the reference to the pupil concerned included a reference to the student concerned; and

(d) with the omission of subsections (1)(b), (2) and (3).

(4) Before making an order under this section, the Secretary of State shall consult with any persons with whom consultation appears to him to be desirable.

25 Interpretation of Chapter I

(1) In this Chapter, except in so far as the context otherwise requires--

"assess" includes examine and test, and cognate expressions shall be construed accordingly;
"assessment arrangements", "attainment targets" and "programmes of study" have the meanings given by section 2 of this Act;
"core subjects", "foundation subjects" and "key stages" have the meanings given by section 3 of this Act and "foundation subjects" includes "core subjects";
"the Curriculum Council" means the National Curriculum Council in relation to England and the Curriculum Council for Wales in relation to Wales;
"maintained school" means--
(a)
any county or voluntary school;
(b)
any maintained special school which is not established in a hospital; and
(c)
except in relation to a local education authority, any grant-maintained school.

(2) Nothing in this Chapter shall apply in relation to a nursery school or a nursery class in a primary school.

Chapter II Admission of Pupils to County and Voluntary Schools

26 Admissions to county and voluntary schools

(1) The authority responsible for determining the arrangements for the admission of pupils to any county or voluntary school shall not fix as the number of pupils in any relevant age group it is intended to admit to the school in any school year a number which is less than the relevant standard number.

(2) Where any number fixed for the purposes of any such arrangements subsisting when subsection (1) above comes into force as the number of pupils in any such age group it is intended to admit to the school concerned in any school year is less than the relevant standard number, the arrangements shall have effect (subject to the following provisions of this section) as if the number so fixed were a number equal to the relevant standard number.

(3) Notwithstanding any provision of the articles of government of the school, but subject to section 33 of the 1986 Act (consultations about admissions between authorities concerned), the authority responsible for determining the arrangements for the admission of pupils to any such school may fix as the number of pupils in any relevant age group it is intended to admit to the school in any school year a number which exceeds the relevant standard number.

(4) A proposal may be made in accordance with the following provisions of this section for fixing as the number of pupils in any such age group it is intended to admit to any such school in any school year a number which exceeds both--

(a) the relevant standard number; and

(b) any number fixed or proposed to be fixed for that purpose by the authority responsible for determining the arrangements for admission of pupils to the school.

(5) The proposal may be made--

(a) where the authority responsible for determining those arrangements is the local education authority, by the governing body of the school; and

(b) where that authority is the governing body of the school, by the local education authority.

(6) Any such proposal--

(a) shall be made in writing;

(b) may relate to one or more relevant age groups; and

(7) If the authority to whom such a proposal is made do not give the proposing authority notice in writing rejecting the proposal before the end of the period of two months beginning with the day next following that on which the proposal was received it shall be the duty of the former authority to give effect to the proposal in the admission arrangements.

(8) Where the authority to whom such a proposal is made give such notice before the end of that period, the proposing authority may within twenty-eight days of receiving that notice make an application to the Secretary of State for an order under section 27(5) of this Act increasing the relevant standard number.

(9) For the purposes of section 6(3)(a) of the 1980 Act (which excludes the duty to comply with a parent's preference as to the school at which education is to be provided for his child if compliance with the preference would prejudice the provision of efficient education or the efficient use of resources), no such prejudice shall be taken to arise from the admission to a school in any school year of a number of pupils in any relevant age group which does not exceed--

(a) the relevant standard number; or

(b) the number fixed in accordance with this section as the number of pupils in that age group it is intended to admit to the school in that school year;

whichever is the greater.

(10) Any reference in this section to the relevant standard number is a reference, in relation to any school and in relation to any relevant age group and school year, to the standard number applying under section 27 of this Act to the school in relation to that year and age group.

27 Standard numbers for admissions

(1) Subject to subsections (3), (4) and (5) below, if pupils in any age group were admitted to any county or voluntary school in the school year immediately preceding the commencement year, the standard number applying to the school for that age group in the commencement year and any subsequent school year shall be--

(a) the appropriate pre-commencement number; or

(b) the number of pupils in that age group admitted in the school year immediately preceding the commencement year;

whichever is the greater.

(2) In this Chapter "the commencement year" means the school year beginning next after section 26(1) of this Act comes into force; and the reference in subsection (1)(a) above to the appropriate pre-commencement number is a reference--

(a) in the case of a secondary school, to the standard number applying to the school under section 15 of the 1980 Act in relation to the age group in question in the school year immediately preceding the commencement year; and

(b) in the case of a primary school, to the number applicable in relation to the school and in relation to the age group in question in accordance with section 29 of this Act.

(3) Subject to subsections (4) and (5) below, if proposals under section 12 or 13 of the 1980 Act (which impose certain requirements in relation to the establishment and alteration of schools) have fallen to be implemented in relation to any county or voluntary school, the number stated in the proposals in accordance with subsection (2) of section 12 (or that subsection as applied by section 13) for any school year and age group shall be the standard number applying to the school for that age group--

(a) in any school year to which this subsection applies in relation to which the proposals have been wholly implemented; and

(b) subject to any variation made by the Secretary of State, in any such school year in relation to which they have been partly implemented.

This subsection applies to the commencement year and any subsequent school year.

(4) The Secretary of State may by order applying to county or voluntary schools of any class or description vary any standard number that would otherwise apply by virtue of the preceding provisions of this section.

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