Education Act 1993 (c. 35)

(The document as of February, 2008)

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(10) In this and that section and that Schedule, "appointed day" means the day appointed under section 308(3) of this Act for the commencement of this section.

239 Powers of incorporated governing bodies

(1) A governing body incorporated by virtue of section 238 of this Act may do anything (including in particular the things referred to in the following subsections) which appears to them to be necessary or expedient for the purpose of or in connection with the exercise of any of the functions conferred on them under or in pursuance of any enactment.

(2) A governing body so incorporated may--

(a) acquire and dispose of land and other property,

(b) enter into contracts, other than contracts of employment,

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

(e) do anything incidental to the conduct of the school.

(3) Subsections (1) and (2) above have effect subject to--

(a) any provisions of the instrument of government or articles of government for the school, and

(b) if the school has a delegated budget (defined in section 33(6)(b) of the [1988 c. 40.] Education Reform Act 1988), any provisions of the scheme under that section which covers the school.

(4) The governing body so incorporated of an aided school may enter into contracts for the employment of teachers and other staff, subject to any provisions of the articles of government for the school other than any provisions for the time being excluded by section 45(2) of that Act (aided schools having delegated budgets) from applying to the school.

The curriculum

240 National Curriculum

(1) In section 2 of the Education Reform Act 1988 (the National Curriculum) in subsection (2)(c) (arrangements for assessing pupils at or near the end of each key stage) for "at or near the end" there is substituted "in respect".

(2) After section 3(5) of that Act (power of head teacher to determine key stage for a particular pupil) there is inserted--

" (5A) If at any time, in the case of a pupil of compulsory school age, subsection (3) above does not, apart from this subsection, apply to determine the period within which that time falls, that subsection shall have effect as if--

(a) in the case of paragraphs (a) to (c), any reference to the school year in which the majority of pupils in that pupil's class attained a particular age were a reference to the school year in which that pupil attained that age, and

(b) in the case of paragraph (d), the period were a period beginning at the same time as the school year in which he attained the age of fifteen and ending when he ceases to be of compulsory school age. "

(3) At the end of section 3(6) of that Act (interpretation) there is added-- " and

"school year" means the period beginning with the first school term to begin after July and ending with the beginning of the next school year. "

(4) In section 4 of that Act (duty to establish National Curriculum by order) for subsection (5) there is substituted--

" (5) An order under subsection (2)(c) above--

(a) may confer or impose such functions on the governing body and the head teacher and (in the case of maintained schools) on the local education authority as appear to the Secretary of State to be required, and

(b) may specify any such assessment arrangements as may for the time being be made by a person specified in the order.

(6) Provision shall be made for determining the extent to which any assessment arrangements, and the implementation of the arrangements, achieve the purpose for which the arrangements are made; and such provision may be made by or under the order specifying the arrangements or (where the order specifies the person making the arrangements) in the arrangements themselves.

(7) The duties that may be imposed by virtue of subsection (5)(a) above include, in relation to persons exercising power in pursuance of provision made by virtue of subsection (6) above, the duty to permit them--

(a) to enter the premises of the school,

(b) to observe the implementation of the arrangements, and

(8) An order under subsection (2)(c) above may authorise the making of such provisions giving full effect to or otherwise supplementing the provisions made by the order (other than provisions conferring or imposing functions as mentioned in subsection (5)(a) above) as appear to the Secretary of State to be expedient; and any provision made under such an order shall, on being published by Her Majesty's Stationery Office, have effect for the purposes of this Chapter as if made by the order. "

(5) In section 117 of that Act (obligation to enter pupils for prescribed examinations), at the end of subsection (2) (exceptions) there is added "but this subsection does not apply to an examination which is part of the assessment arrangements for key stage four and applies in the case of that pupil; and in this subsection, in relation to that pupil, "assessment arrangements" has the meaning given by section 2(2)(c) of this Act and "key stage four" means the period referred to in section 3(3)(d) of this Act".

241 Sex education

(1) In section 2(1) of the [1988 c. 40.] Education Reform Act 1988 (content of curriculum), after "school" in paragraph (a) there is inserted--

" (aa) in the case of a secondary school, provision for sex education for all registered pupils at the school;

(ab) in the case of a special school, provision for sex education for all registered pupils at the school who are provided with secondary education " .

(2) In section 114(1) of the [1944 c. 31.] Education Act 1944 (interpretation), after the definition of "Senior pupil" there is inserted--

" "Sex education" includes education about--

(a) Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus, and

(b) any other sexually transmitted disease " .

(3) After section 17 of the Education Reform Act 1988 there is inserted--

" 17A Exemption from sex education

If the parent of any pupil in attendance at any maintained school requests that he may be wholly or partly excused from receiving sex education at the school, the pupil shall, except so far as such education is comprised in the National Curriculum, be so excused accordingly until the request is withdrawn. "

(4) The Secretary of State shall so exercise the power conferred by section 4 of that Act to revise the National Curriculum as to secure that the subject of science does not include--

(a) Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus,

(b) any other sexually transmitted disease, or

and sections 20, 21 and 232(4) of that Act (procedure for making orders), and section 242 of this Act, shall not apply to any order made only for the purposes of this subsection.

(5) The governing body of every maintained or grant-maintained school and, in relation to pupils who are provided with secondary education, the governing body of every maintained special school shall--

(a) make, and keep up to date, a separate written statement of their policy with regard to the provision of sex education, and

(b) make copies of the statement available for inspection (at all reasonable times) by parents of registered pupils at the school and provide a copy of the statement free of charge to any such parent who asks for one.

(6) In relation to any county, or controlled, secondary school, and in relation to any pupils who are provided with secondary education in a maintained special school, section 18 of the [1986 c. 61.] Education (No. 2) Act 1986 (policy for curriculum in county etc. schools), shall have effect with the omission of subsections (2) and (6)(c)(i) and of the references to the matters mentioned in subsection (2) of that section.

242 Temporary procedure for making certain orders

(1) Where this section applies in relation to any proposals by the Secretary of State to make an order under section 3(4) or 4(2)(a) or (b) of the [1988 c. 40.] Education Reform Act 1988 (orders relating to foundation subjects, key stages and attainment targets), or regulations under section 17 of that Act (exceptions from National Curriculum)--

(a) the Secretary of State shall make such arrangements for consultation about the proposals as he considers appropriate, and

(b) sections 20 and 21 of that Act (procedure for representations in relation to England and Wales) shall not apply.

(2) Where, at any time after the commencement of this section and before 1st September 1996, the Secretary of State proposes to make such an order or such regulations, this section applies in relation to the proposals unless, at any time before the commencement of this section--

(a) they were referred under section 20(2) of that Act, or

(b) notice of them was given under section 21(2) of that Act.

(3) Where the Secretary of State proposes, at any time on or after 1st September 1996, to make such an order or such regulations, this section applies in relation to the proposals if arrangements under this section for consultation about the proposals were made before that date.

243 Procedure for making certain orders: Wales

In section 21 of the Education Reform Act 1988, for subsections (2) and (3) there are substituted--

" (2) The Secretary of State shall refer the proposal to the Curriculum Council for Wales (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.

(3A) 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.

(3B) 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. "

Replacement of the National Curriculum Council and the School Examinations and Assessment Council

244 The School Curriculum and Assessment Authority

(1) There shall be a body corporate known as the School Curriculum and Assessment Authority.

(2) The Authority shall consist of not less than ten nor more than fifteen members appointed by the Secretary of State.

(3) Of the members of the Authority, the Secretary of State--

(a) shall appoint one as chairman, and

(b) may appoint another as deputy chairman.

(4) The Secretary of State shall include among the members of the Authority persons who appear to him--

(a) to have experience of, and to have shown capacity in, the provision of education, or

(b) to have held, and to have shown capacity in, any position carrying responsibility for the provision of education.

(5) Where in carrying out his functions under subsection (4) above the Secretary of State proposes to appoint a person who appears to him to have experience of, and to have shown capacity in, the provision of education, he shall have regard to the desirability of including persons engaged in the provision of primary or secondary education.

(6) Schedule 14 to this Act shall have effect with respect to the Authority.

245 Functions

(1) The School Curriculum and Assessment Authority shall, so far as relevant for the purposes of advancing education--

(a) keep under review all aspects of the curriculum for maintained schools in England and all aspects of school examinations and assessment,

(b) advise the Secretary of State on such matters concerned with the curriculum for maintained schools in England or with school examinations and assessment as he may refer to them or as they may see fit,

(c) 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 maintained schools in England or with school examinations and assessment,

(d) publish and disseminate, and assist in the publication and dissemination of, information relating to the curriculum for maintained schools in England or to school examinations and assessment,

(e) make arrangements with appropriate bodies for auditing the quality of assessments made in pursuance of assessment arrangements,

(f) advise the Secretary of State on the exercise of his powers under section 5(1) of the [1988 c. 40.] Education Reform Act 1988 (approval of external qualifications),

(g) advise the Secretary of State on such other matters connected with the provision of education in maintained schools in England, or in non-maintained special schools there, as the Secretary of State may specify by order, and

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

(2) The Authority shall supply the Secretary of State with such reports and other information with respect to the carrying out of their functions as he may require.

(3) In carrying out their functions, the Authority shall--

(a) comply with any directions given by the Secretary of State,

(b) act in accordance with any plans approved by him, and

(c) so far as relevant, have regard to the requirements of section 1 of the Education Reform Act 1988 (requirements which curriculum for maintained school must satisfy).

(4) For the purposes of paragraph (h) of subsection (1) above, activities are ancillary activities in relation to the Authority if the Secretary of State considers it is appropriate for the Authority to carry out those activities for the purposes of or in connection with the carrying out by the Authority of any of their other functions under that subsection.

(5) In this section--

"assessment arrangements" and "maintained school" have the same meanings as in Chapter I of Part I of the Education Reform Act 1988, and
"non-maintained special school" means a special school not maintained by a local education authority.

246 Dissolution of existing Councils

The National Curriculum Council and the School Examinations and Assessment Council are hereby dissolved.

247 Transfer of property

(1) The Secretary of State may by order provide for the transfer to the School Curriculum and Assessment Authority of--

(a) such of the land or other property of the National Curriculum Council or the School Examinations and Assessment Council, and

(b) such of the rights and liabilities of either of those councils (other than rights and liabilities arising under contracts of employment),

as, in his opinion, need to be transferred to enable the Authority to carry out their functions properly.

(2) No order under subsection (1) above may be made after the end of the period of six months beginning with the day on which section 244 of this Act comes into force.

(3) Any order under subsection (1) above made before the day on which section 244 of this Act comes into force shall come into force on that day.

(4) Where immediately after the end of the period within which an order under subsection (1) above may be made any property, rights or liabilities remain vested in the National Curriculum Council or the School Examinations and Assessment Council, they shall forthwith vest in the Secretary of State.

(5) The Secretary of State may by order provide that there shall be substituted for the period mentioned in subsection (2) above such shorter period as he may specify in the order, being a period ending no earlier than the day on which the order comes into force.

248 Transfer of staff

(1) This section applies to any person who--

(a) is employed by the National Curriculum Council or School Examinations and Assessment Council immediately before section 244 of this Act comes into force, and

(b) is designated as respects the School Curriculum and Assessment Authority by order of the Secretary of State.

(2) A contract of employment between a person to whom this section applies and the National Curriculum Council or School Examinations and Assessment Council shall have effect, from the day on which the order under subsection (1)(b) above comes into force, as if originally made between him and the Authority.

(3) Without prejudice to subsection (2) above--

(a) all the rights, powers, duties and liabilities of the National Curriculum Council or School Examinations and Assessment Council under or in connection with a contract to which that subsection applies shall by virtue of that subsection be transferred to the Authority on the day on which the order under subsection (1)(b) above comes into force, and

(b) anything done before that day by or in relation to the National Curriculum Council or School Examinations and Assessment Council in respect of that contract or the employee shall be deemed from that day to have been done by or in relation to the Authority.

(4) Subsections (2) and (3) 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 (2) above.

(5) An order under subsection (1)(b) above may designate a person either individually or as falling within a class or description of employee.

(6) No order under subsection (1)(b) above may be made after the end of the period of six months beginning with the day on which section 244 of this Act comes into force.

(7) Any order under subsection (1)(b) above made before the day on which section 244 of this Act comes into force shall come into force on that day.

(8) The Secretary of State may by order provide that there shall be substituted for the period mentioned in subsection (6) above such shorter period as he may specify in the order, being a period ending no earlier than the day on which the order comes into force.

Curriculum Council for Wales

249 Finance

In Schedule 2 to the [1988 c. 40.] Education Reform Act 1988, for paragraph 11 there is substituted--

" Finance

11 (1) The Secretary of State may make grants to the Council of such amount as he thinks fit in respect of expenses incurred or to be incurred by it in carrying out its functions.

(2) The payment of grant under this paragraph shall be subject to the fulfilment of such conditions as the Secretary of State may determine.

(3) The Secretary of State may also impose such requirements as he thinks fit in connection with the payment of grant under this paragraph. "

250 Proceedings

In that Schedule, there is inserted before paragraph 14--

" 13A (1) The chairman of the School Curriculum and Assessment Authority, or a representative of his, shall be entitled to attend and take part in deliberations (but not in decisions) at meetings of the Council or any committee of the Council.

(2) The Council shall provide the chairman of the School Curriculum and Assessment Authority with such copies of any documents distributed to members of the Council or of any such committee as he may require. "

251 Accounts

(1) In that Schedule, paragraph 18 (accounts) shall be amended as follows.

(2) In sub-paragraph (1)(b), "in such form as the Secretary of State may direct with the approval of the Treasury" is omitted.

(3) After sub-paragraph (1) there is inserted--

" (1A) The statement of accounts shall comply with any directions given by the Secretary of State with the approval of the Treasury as to--

(a) the information to be contained in it;

(b) the manner in which the information contained in it is to be presented; or

252 Transfer of functions in relation to Wales

(1) The Secretary of State may by order transfer any function of the School Curriculum and Assessment Authority in relation to Wales to the body established by section 14(1)(b) of the [1988 c. 40.] Education Reform Act 1988 (Curriculum Council for Wales).

(2) An order under this section may contain such supplementary, incidental, consequential or transitional provisions as the Secretary of State thinks fit, including provisions--

(a) for the transfer of staff; and

(b) for the transfer of property, rights and liabilities held, enjoyed or incurred in connection with any function transferred.

253 Change of name

(1) In section 14(1)(b) of the Education Reform Act 1988, for "the Curriculum Council for Wales" there is substituted "Awdurdod Cwricwlwm ac Asesu Cymru or the Curriculum and Assessment Authority for Wales".

(2) Schedule 15 to this Act (amendments consequential on the change of name) shall have effect.

Religious education

254 Duty to reconvene conference on agreed syllabus of religious education

(1) Within six months of the commencement of this section the local education authority shall reconvene any conference--

(a) which they have convened for the purpose set out in paragraph 1 or 12 of the Fifth Schedule to the [1944 c. 31.] Education Act 1944 (procedure for preparing and bringing into operation an agreed syllabus of religious education) or section 11(8) of the Education Reform Act 1988 (standing advisory councils on religious education), and

(b) to which subsection (2) below applies.

(2) This subsection applies to any conference--

(a) which has not made a recommendation under paragraph 9 or 13(2) of that Schedule, and

(b) in respect of which the authority have not made a report under paragraph 10 or 13(4) of that Schedule.

(3) Where a conference is convened (or reconvened) after the commencement of this section, paragraph 2 of that Schedule shall have effect as if at the end of the proviso there were inserted "and the number of persons appointed to any committee under that sub-paragraph to represent each denomination or religion required to be represented shall, so far as consistent with the efficient discharge of the committee's functions, reflect broadly the proportionate strength of that denomination or religion in the area".

255 Duty to constitute new standing advisory council on religious education

(1) Within six months of the commencement of this section the local education authority shall constitute a new council under section 11 of the Education Reform Act 1988 (standing advisory councils on religious education).

(2) For the purposes of the constitution required by subsection (1) above (and of any subsequent constitution) that section shall have effect as if at the end of subsection (5) there were inserted "and the number of members appointed to any representative group under paragraph (a) of that subsection to represent each denomination or religion required to be represented shall, so far as consistent with the efficient discharge of the group's functions, reflect broadly the proportionate strength of that denomination or religion in the area".

256 Reconsideration of agreed syllabus

(1) For paragraph 12 of the Fifth Schedule to the [1944 c. 31.] Education Act 1944 (reconsideration of agreed syllabus) there is substituted--

" 12 (1) A local education authority shall cause a conference to be convened at any time required by sub-paragraph (2) or (3) of this paragraph for the purpose of reconsidering any agreed syllabus for the time being adopted by them which was adopted before the appointed day.

(2) Where they adopted the syllabus before 29th September 1988, they shall convene a conference within the period of one year beginning with the appointed day.

(3) Where they adopted the syllabus on or after 29th September 1988, they shall convene a conference--

(a) within the period of five years beginning with the date on which they adopted it, or

(b) within the period of one year beginning with the appointed day,

whichever is the later.

(4) A local education authority shall from time to time cause further conferences to be convened for the purpose of reconsidering any agreed syllabus for the time being adopted by them (whether adopted before, on or after the appointed day); and no such conference shall be convened later than the expiry of the period of five years beginning with the date on or after the appointed day on which--

(a) the authority adopted the syllabus, or

(b) the authority gave effect to a recommendation under paragraph 13 of this Schedule that the syllabus should continue to be the agreed syllabus.

(5) In this paragraph--

(a) "appointed day" means the day appointed for the commencement of section 256 of the Education Act 1993, and

(b) references to the date on which a local education authority adopt a syllabus include a reference to the date which the Secretary of State directs is to be the date from which a syllabus prepared under paragraph 11 of this Schedule is to be deemed to be the agreed syllabus. "

(2) In paragraph 13 of that Schedule (procedure on reconsideration of agreed syllabus)--

(a) in sub-paragraph (2), after "agreed syllabus" there is inserted "and it appears to the local education authority that the syllabus reflects the fact that the religious traditions in Great Britain are in the main Christian while taking account of the teaching and practices of the other principal religions represented in Great Britain", and

(b) in sub-paragraph (4)--

(i) "either" is omitted, and

(ii) after "unanimous agreement" there is inserted--

" (aa) the conference unanimously recommend that the existing syllabus should continue to be the agreed syllabus but the local education authority consider that sub-paragraph (2) of this paragraph prevents them from giving effect to the recommendation " .

257 Power of Secretary of State to direct standing advisory council to revoke determination or discharge duty

After section 12 of the [1988 c. 40.] Education Reform Act 1988 (determination by advisory councils) there is inserted--

" 12A Power of Secretary of State to direct advisory council to revoke determination or discharge duty

(1) Where the Secretary of State is satisfied, either on complaint by any person or otherwise, that any standing advisory council on religious education--

(a) have acted, or are proposing to act, unreasonably in determining for the purposes of subsection (1) or (5) of section 12 of this Act whether it is appropriate for the requirement for Christian collective worship to apply in the case of any school or any class or description of pupils at a school, or

(b) have failed to discharge any duty imposed under that section,

he may give the council such directions as to the revocation of the determination or the withdrawal of the proposed determination or (as the case may be) the discharge of the duty as appear to him to be expedient; and the council shall comply with the directions.

(2) Directions under subsection (1) above may provide for the making by the council of a new determination to take effect in place of the determination or proposed determination to be revoked or withdrawn by them.

(3) In this section, "requirement for Christian collective worship" means the requirement imposed by section 7(1) of this Act or, as the case may be, section 138(2) of the Education Act 1993. "

258 Access to meetings and documents of standing advisory council and conference on agreed syllabus of religious education

(1) This section applies to--

(a) any conference convened for the purpose set out in paragraph 1 or 12 of the Fifth Schedule to the [1944 c. 31.] Education Act 1944 (procedure for preparing and bringing into operation an agreed syllabus of religious education) or section 11(8) of the [1988 c. 40.] Education Reform Act 1988 (standing advisory councils on religious education), and

(b) any standing advisory council constituted under that section of that Act.

(2) Regulations may make provision--

(a) for meetings of conferences or councils to be, subject to prescribed exceptions, open to members of the public,

(b) requiring conferences or councils to give notice, in such manner as may be prescribed, of the time and place of such meetings, and

(i) to make available for inspection, or

(ii) to provide on payment of such fee as they think fit (not exceeding the cost of supply),

copies of the agendas and reports for such meetings to members of the public.

(3) Regulations made under subsection (2) above may apply to--

(a) committees appointed by local education authorities under paragraph 2 of the Fifth Schedule to the [1944 c. 31.] Education Act 1944,

(b) sub-committees appointed by conferences under that Schedule, and

as they apply to conferences and councils.

259 Inspection of religious education

(1) Section 13 of the [1992 c. 38.] Education (Schools) Act 1992 (religious education) is amended as follows.

(2) For subsections (1) to (3) there is substituted--

" (1) It shall be the duty of the governing body of--

(a) any voluntary school, or

(b) any grant-maintained school,

in which denominational education is given to any pupils to secure that that education is inspected under this section.

(2) It shall be the duty of the governing body of--

(a) any voluntary school, or

(b) any grant-maintained school falling within subsection (3) below,

to secure that the content of the school's collective worship is inspected under this section.

(3) A grant-maintained school falls within this subsection if--

(a) it was a voluntary school immediately before it became grant-maintained,

(b) it was established in pursuance of proposals published under section 49 of the Education Act 1993 and either any trust deed relating to the school or the statement required by paragraph 8 of Schedule 3 to that Act makes provision as to the religious education for pupils at the school, or

(c) it is a school in respect of which proposals for the required provision for religious education to be provision for religious education in accordance with the tenets of a particular religion or religious denomination are approved under section 98 of that Act.

(3A) In this section--

(a) "denominational education", in relation to a school, means any religious education which--

(i) is required by section 2(1)(a) of the Education Reform Act 1988 to be included in the school's basic curriculum, but

(ii) is not required by any enactment to be given in accordance with an agreed syllabus,

(b) "the required provision for religious education" means the provision for religious education for pupils at the school which is required as mentioned in paragraph (a)(i) above, and

(3) For subsection (7) there is substituted--

" (7) It shall be the general duty of a person conducting an inspection under this section--

(a) if the inspection is conducted by virtue of subsection (1) above, to report on the quality of the denominational education provided by the school for pupils to whom denominational education is given by the school, or

(b) if the inspection is conducted by virtue of subsection (2) above, to report on the content of the school's collective worship,

and any such person may report on the spiritual, moral, social and cultural development of pupils at the school. "

Admissions and exclusions

260 Arrangements for admissions

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