Education Act 1996 (c. 56)

(The document as of February, 2008)

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cannot be provided by them for him at any school unless board and lodging are also provided for him (either at school or elsewhere)

(6) As from such day as the Secretary of State may by order appoint this section shall have effect with the following modifications--

(a) in subsections (1) and (3), for "not maintained by them or another local education authority" substitute "which is neither a maintained nor a grant-maintained school";

(b) in subsection (3), for "every school maintained by them or another local education authority" substitute "every maintained or grant-maintained school";

(d) omit subsection (4) and the reference to it in subsection (1); and

(e) at the end add--

" (7) In this section "grant-maintained school" includes a grant-maintained special school, and subsection (5) does not apply where section 348(2) applies. "

(7) An order under subsection (6) may appoint different days for different provisions and for different purposes.

518 Payment of school fees and expenses; grant of scholarships etc

Regulations shall empower local education authorities, for the purpose of enabling persons to take advantage without hardship to themselves or their parents of any educational facilities available to them--

(a) to defray such expenses of children attending county, voluntary, grant-maintained or special schools as may be necessary to enable them to take part in any school activities, and

(b) to pay the whole or any part of the fees and expenses payable in respect of children attending schools at which fees are payable, and

Allowances for governors

519 Travelling and subsistence allowances for governors of schools and further or higher education institutions

(1) A local education authority may, in accordance with the provisions of a scheme made by them for the purposes of this section, pay travelling and subsistence allowances to governors of--

(a) any county, voluntary or maintained special school which does not have a delegated budget (construed in accordance with section 115); and

(b) any institution providing higher education or further education (or both) which is maintained by a local education authority.

(2) Such a scheme may make different provision in relation to schools or other institutions of different categories (including provision for allowances not to be paid in respect of certain categories) but shall not make different provision in relation to different categories of governor of the same school or institution.

(3) Subject to subsections (4) and (5), a local education authority may pay travelling and subsistence allowances to any person appointed to represent them on the governing body of--

(a) any institution providing higher education or further education (or both) which is not maintained by them; or

(b) any independent school or special school which is not maintained by them.

(4) A local education authority shall not pay any allowance under subsection (3) for expenses in respect of which the person incurring them is entitled to reimbursement by any person other than the authority.

(5) A local education authority shall not pay any allowance under subsection (3) if they have not made any scheme under subsection (1) or if the arrangements under which the allowance would otherwise be payable--

(a) provide for allowances which are to any extent more generous than the most generous payable by the authority under any such scheme; or

(b) contain any provision which the authority would not have power to include in any such scheme.

(6) No allowance may be paid to any governor of a school or institution of a kind mentioned in subsection (1), in respect of the discharge of his functions as such a governor, otherwise than under this section.

Medical arrangements

520 Medical inspection and treatment of pupils

(1) A local education authority shall make arrangements for encouraging and assisting pupils to take advantage of the provision for medical and dental inspection and treatment made for them in pursuance of section 5(1) or (1A) of the [1977 c. 49.] National Health Service Act 1977 or paragraph 1(a)(i) of Schedule 1 to that Act.

(2) If the parent of a pupil gives notice to the authority that he objects to the pupil availing himself of any of the provision so made, the pupil shall not be encouraged or assisted to do so.

(3) A local education authority's duty under subsection (1) does not apply in relation to pupils at a grant-maintained school (in relation to whom the school's governing body have a similar duty under section 536(1)).

Cleanliness of pupils

521 Examination of pupils for cleanliness

(1) A local education authority may by directions in writing authorise a medical officer of theirs to have the persons and clothing of pupils in attendance at relevant schools examined whenever in his opinion such examinations are necessary in the interests of cleanliness.

(2) Directions under subsection (1) may be given with respect to--

(a) all relevant schools, or

(b) any relevant schools named in the directions.

(3) An examination under this section shall be made by a person authorised by the authority to make such examinations; and, if the examination is of a girl, it shall not be made by a man unless he is a registered medical practitioner.

(4) For the purposes of this section "relevant schools" are--

(a) schools maintained by the authority; and

(b) grant-maintained schools within the authority's area.

522 Compulsory cleansing of a pupil

(1) If, on an examination under section 521, the person or clothing of a pupil is found to be infested with vermin or in a foul condition, any officer of the local education authority may serve a notice on the pupil's parent requiring him to cause the pupil's person and clothing to be cleansed.

(2) The notice shall inform the parent that, unless within the period specified in the notice the pupil's person and clothing are cleansed to the satisfaction of such person as is specified in the notice, the cleansing will be carried out under arrangements made by the authority.

(3) The period so specified shall not be less than 24 hours from the service of the notice.

(4) If, on a report being made to him by the specified person at the end of the specified period, a medical officer of the authority is not satisfied that the pupil's person and clothing have been properly cleansed, he may by order direct that they shall be cleansed under arrangements made by the authority under section 523.

(5) An order made under subsection (4) shall be sufficient to authorise any officer of the authority--

(a) to cause the pupil's person and clothing to be cleansed in accordance with arrangements made by the authority under section 523, and

(b) for that purpose to convey the pupil to, and detain him at, any premises provided in accordance with such arrangements.

523 Arrangements for cleansing of pupils

(1) A local education authority shall make arrangements for securing that the person or clothing of any pupil required to be cleansed under section 522 may be cleansed (whether at the request of a parent or in pursuance of an order under section 522(4)) at suitable premises, by suitable persons and with suitable appliances.

(2) Where the council of a district in the area of the authority are entitled to the use of any premises or appliances for cleansing the person or clothing of persons infested with vermin, the authority may require the council to permit the authority to use those premises or appliances for such purposes upon such terms as may be determined--

(a) by agreement between the authority and the council, or

(b) in default of such agreement, by the Secretary of State.

(3) Subsection (2) does not apply in relation to Wales.

(4) A girl may be cleansed under arrangements under this section only by a registered medical practitioner or by a woman authorised for the purpose by the authority.

524 Exclusion of a pupil pending examination or cleansing

(1) Where--

(a) a medical officer of a local education authority suspects that the person or clothing of a pupil in attendance at a relevant school is infested with vermin or in a foul condition, but

(b) action for the examination or cleansing of the pupil's person and clothing cannot be taken immediately,

the medical officer may direct that the pupil is to be excluded from the school until such action has been taken, if he considers it necessary to do so in the interests either of the pupil or of other pupils in attendance at the school.

(2) A direction under subsection (1) is a defence to any proceedings under Chapter II of Part VI in respect of the failure of the pupil to attend school on any day on which he is excluded in pursuance of the direction, unless it is proved that the giving of the direction was necessitated by the wilful default of the pupil or his parent.

(3) For the purposes of this section a "relevant school" is--

(a) a school maintained by the local education authority, or

(b) a grant-maintained school within the authority's area.

525 Offence of neglecting the cleanliness of a pupil

(1) If, after the person or clothing of a pupil has been cleansed under section 522--

(a) his person or clothing is again infested with vermin, or in a foul condition, at any time while he is in attendance at a relevant school, and

(b) the condition of his person or clothing is due to neglect on the part of his parent,

the parent is guilty of an offence.

(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 1 on the standard scale.

(3) For the purposes of this section a "relevant school" is a school maintained by a local education authority or a grant-maintained school.

Educational research and conferences

526 Powers as to educational research

A local education authority may make such provision for conducting, or assisting the conduct of, research as appears to them to be desirable for the purpose of improving the educational facilities provided for their area.

527 Powers as to educational conferences

A local education authority may--

(a) organise, or participate in the organisation of, conferences for the discussion of questions relating to education, and

(b) expend such sums as may be reasonable in paying, or contributing towards, any expenditure incurred in connection with conferences for the discussion of such questions, including the expenses of any person authorised by them to attend such a conference.

Disability statements relating to further education

528 Duty of LEA to publish disability statements relating to further education

(1) Every local education authority shall publish disability statements at such intervals as may be prescribed.

(2) In subsection (1) "disability statement" means a statement containing information of a prescribed description about the provision of facilities for further education made by the local education authority in respect of persons who are disabled persons for the purposes of the [1995 c. 50.] Disability Discrimination Act 1995.

Acquisition and holding of property

529 Power to accept gifts on trust for educational purposes

(1) A local education authority may accept, hold and administer any property on trust for purposes connected with education.

(2) Any intention on the part of a local education authority that a school (other than a nursery school or a special school) should be vested in the authority as trustees shall be treated for the purposes of section 35(1) as an intention to maintain the school as a county school (so that proposals for that purpose shall be published and submitted as required by that subsection); and the other provisions of section 35 and sections 36 to 40 shall apply accordingly.

(3) Any school which in accordance with subsection (2) is vested in a local education authority as trustees shall be a county school.

530 Compulsory purchase of land

(1) The Secretary of State may authorise a local education authority to purchase compulsorily any land (whether within or outside their area) which--

(a) is required for the purposes of any school or institution which is, or is to be, maintained by them or which they have power to assist, or

(b) is otherwise required for the purposes of their functions under this Act.

(2) The Secretary of State shall not authorise the compulsory purchase of any land required for the purposes of a voluntary school unless he is satisfied that the arrangements made--

(a) as to the vesting of the land to be purchased, and

(b) as to the appropriation of that land for the purposes of the school,

are such as to secure that the expenditure ultimately borne by the local education authority will not include any expenditure which, if the land had been purchased by the governing body of the school, would have fallen to be borne by the governing body.

(3) Subsection (2) shall not, however, apply where the local education authority propose that expenditure to be incurred in connection with the purchase should ultimately be borne by them under section 68 (power to give assistance).

(4) In this section "land" includes buildings and other structures and land covered with water.

531 Acquisition of land by agreement

(1) For the removal of doubt, it is declared that making land available for the purposes of a school or institution--

(a) which is, or is to be, maintained by a local education authority, or

(b) which such an authority have power to assist,

is a function of the authority within the meaning of section 120 of the [1972 c. 70.] Local Government Act 1972 (which relates to the acquisition by a local authority by agreement of land for the purpose of any of their functions), even though the land will not be held by the authority.

(2) A local education authority shall not acquire by agreement any land required for the purposes of a voluntary school unless they are satisfied that the arrangements made--

(a) as to the vesting of the land to be acquired, and

(b) as to the appropriation of that land for the purposes of the school,

are such as to secure that the expenditure ultimately borne by them will not include any expenditure which, if the land had been acquired by the governing body of the school, would have fallen to be borne by the governing body.

Appointment of chief education officer

532 Appointment of chief education officer

A local education authority's duties under the Local Government Act 1972 with respect to the appointment of officers shall (without prejudice to the generality of the provisions of that Act) include the duty of appointing a fit person to be the chief education officer of the authority.

Chapter III Ancillary functions of governing bodies

Provision of services

533 Duties of governing bodies of maintained schools with respect to provision of school meals etc

(1) The governing body of any school maintained by a local education authority shall--

(a) afford the authority such facilities as they require to enable them to perform their functions under section 512, and

(b) allow the authority to make such use of the premises and equipment of the school, and such alterations to the school buildings, as the authority consider necessary for that purpose.

(2) Nothing in subsection (1) shall require the governing body of a voluntary school to incur any expenditure.

(3) Where the governing body of a school which has a delegated budget (within the meaning of Part II) provide pupils or other persons who receive education at the school with milk, meals or other refreshment, they shall--

(a) charge for everything so provided,

(b) charge every such pupil the same price for the same quantity of the same item, and

534 Duties of governing bodies of grant-maintained schools with respect to provision of school meals etc

(1) The governing body of a grant-maintained school may provide registered pupils at the school with milk, meals and other refreshment, either on the school premises or at any place other than the school premises where education is being provided.

(2) Subject to subsection (3), a governing body shall--

(a) charge for anything provided by them under subsection (1), and

(b) charge every pupil the same price for the same quantity of the same item.

(3) In relation to a pupil whose parents are in receipt of income support or of an income-based jobseeker's allowance (payable under the [1995 c. 18.] Jobseekers Act 1995) or who is himself in receipt of that benefit, a governing body--

(a) shall so exercise their power under subsection (1) as to ensure that such provision is made for him in the middle of the day as appears to them to be requisite, and

(b) shall make that provision for him free of charge.

(4) A governing body of a grant-maintained school shall provide at the school such facilities as they consider appropriate for the consumption of any meals or other refreshment brought to the school by registered pupils.

(5) Subsections (1) and (4) shall apply in relation to--

(a) persons, other than pupils, who receive education at a grant-maintained school, and

(b) the governing body of the school,

as they apply in relation to pupils at any such school and its governing body; and a governing body shall charge for anything provided under subsection (1) as it so applies, and shall charge every such person the same price for the same quantity of the same item.

535 Provision of teaching services for day nurseries

(1) Subject to subsection (2), the governing body of a county or voluntary primary school having one or more nursery classes may, in accordance with arrangements made by them for that purpose, make available to a day nursery the services of any teacher who is employed by them in the school and has agreed to provide his services for the purposes of the arrangements.

(2) No arrangements shall be made under subsection (1) except at the request of the local education authority and on terms approved by them.

(3) Arrangements under this section may make provision--

(a) for the supply of equipment for use in connection with the teaching services made available under the arrangements,

(b) for regulating the respective functions of any teacher whose services are made available under the arrangements, the head teacher of his school and the person in charge of the day nursery, and

(c) for any supplementary or incidental matters connected with the arrangements, including, where the teacher's school and the day nursery are in the areas of different local education authorities, financial adjustments between those authorities.

(4) In this section "day nursery" means a day nursery provided under section 18 of the [1989 c. 41.] Children Act 1989 (provision by local authorities of day care for pre-school and other children).

(5) A teacher shall not be regarded as ceasing to be a member of the teaching staff of his school and subject to the general directions of his head teacher by reason only of his services being made available in pursuance of arrangements under this section.

Medical arrangements

536 Medical inspection and treatment of pupils at grant-maintained schools

(1) The governing body of a grant-maintained school shall make arrangements for encouraging and assisting pupils at the school to take advantage of the provision for medical and dental inspection and treatment made for them in pursuance of section 5(1) or (1A) of the [1977 c. 49.] National Health Service Act 1977 or paragraph 1(a)(i) of Schedule 1 to that Act.

(2) If the parent of a pupil gives notice to the governing body that he objects to the pupil availing himself of any of the provision so made, the pupil shall not be encouraged or assisted to do so.

Chapter IV Provision of information by governing bodies etc.

537 Power of Secretary of State to require information from governing bodies etc

(1) The Secretary of State may by regulations make provision requiring--

(a) the governing body of every school which is--

(i) maintained by a local education authority, or

(ii) a grant-maintained school, or

(iii) a special school which is not maintained by a local education authority, and

(b) the proprietor of each independent school,

to provide such information about the school as may be prescribed.

(2) For the purposes of this section information about the continuing education of pupils leaving a school, or the employment or training taken up by such pupils on leaving, is to be treated as information about the school.

(3) Where the Secretary of State exercises his power to make regulations under this section he shall do so with a view to making available information which is likely to--

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

(b) increase public awareness of the quality of the education provided by the schools concerned and of the educational standards achieved in those schools; or

(4) Information which is required by virtue of regulations under this section shall be provided--

(a) in such form and manner,

(b) on such occasions, and

as may be prescribed.

(5) No information provided in accordance with regulations under this section shall name any pupil to whom it relates.

(6) The Secretary of State may--

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

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

(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) The Secretary of State may make regulations requiring--

(a) the governing body of any school which is maintained by a local education authority or which is a grant-maintained school,

(b) the proprietor of any city technology college or city college for the technology of the arts, or

to provide prescribed persons with prescribed categories of information published under subsection (6).

(8) Information provided under subsection (7) shall be provided in such form and manner as may be prescribed.

(9) Regulations under this section may make provision enabling the Secretary of State, in such circumstances as may be prescribed, to order the deletion from the register of independent schools of the name of any independent school the proprietor of which fails to comply with any requirement imposed by or under the regulations.

(10) In subsection (9) "the register of independent schools" means--

(a) in relation to any school in England, the register of independent schools kept under section 464 by the Registrar of Independent Schools for England; and

(b) in relation to any school in Wales, the equivalent register kept by the Registrar of Independent Schools for Wales.

(11) Without prejudice to the generality of section 569(4), regulations under this section may make provision for the designation by the Secretary of State, in accordance with the regulations, of particular schools or classes of schools for the purposes of the application of particular provisions of the regulations in relation to such schools.

(12) This section is not to be taken as restricting, or otherwise affecting, any other powers that the Secretary of State may have to make regulations with respect to, or otherwise to require, the provision of information by any person.

(13) This section does not apply to nursery schools.

538 Provision of information to Secretary of State by governing bodies of maintained schools

The governing body or temporary governing body of a county, voluntary or maintained special school shall make such reports and returns, and give such information, to the Secretary of State as he may require for the purpose of the exercise of his functions in relation to education.

539 Provision of information by governing body of grant-maintained schools

(1) The governing body of a grant-maintained school shall publish, at such times and in such manner as may be required by regulations made by the Secretary of State, such information in respect of the school as may be so required.

(2) The governing body shall make such reports and returns, and give such information, to the Secretary of State as he may require for the purpose of his functions in relation to education.

(3) The governing body shall make such reports and returns, and give such information, to the funding authority as they may require for the purpose of the exercise of their functions.

(4) The governing body shall make such reports and returns, and give such information, to any local education authority by whom any functions are exercisable--

(a) in relation to the school, or

(b) in relation to registered pupils at the school,

as the authority may require for the purpose of the exercise of those functions.

(5) The governing body shall make such reports and returns, and give such information, in relation to registered pupils at the school aged five or under as any local education authority may require for the purpose of exercising their functions under section 19(1)(a) of the [1989 c. 41.] Children Act 1989 (review of provision for day care).

540 Distribution of information about schools providing secondary education

(1) Where the governing body of any school providing primary education receive a request which--

(a) is made by the governing body of any school providing secondary education, and

(b) relates to the distribution of information about the school providing secondary education to parents of pupils at the school providing primary education without charge to those parents,

the governing body of that school shall secure that the request is treated no less favourably (whether as to services provided or as to the terms on which they are provided) than any such request made by the governing body of any other school providing secondary education.

(2) In this section "school" means--

(a) any county or voluntary school or any maintained special school which is not established in a hospital, or

(b) any grant-maintained school or any grant-maintained special school.

541 Distribution of information about further education institutions

(1) The Secretary of State may by regulations require--

(a) the governing body of any school providing secondary education, and

(b) the proprietor of any city technology college or city college for the technology of the arts,

to provide such persons as may be prescribed with such categories of information falling within subsection (2) as may be prescribed.

(2) Information falls within this subsection if it is--

(a) published under section 50 of the [1992 c. 13.] Further and Higher Education Act 1992 (information with respect to institutions within the further education sector), and

(b) made available to governing bodies and proprietors for distribution.

(3) Information provided under subsection (1) shall be provided in such form and manner as may be prescribed.

(4) In this section "school" means--

(a) any county or voluntary school or any maintained special school which is not established in a hospital, or

(b) any grant-maintained school or any grant-maintained special school.

Part X Miscellaneous and general

Chapter I Educational premises

Required standards for educational premises

542 Prescribed standards for school premises

(1) Regulations shall prescribe the standards to which the premises of schools maintained by local education authorities and of grant-maintained schools are to conform; and without prejudice to the generality of section 569(4) different standards may be prescribed for such descriptions of schools as are specified in the regulations.

(2) Where a school is maintained by a local education authority, the authority shall secure that the school premises conform to the prescribed standards.

(3) Where a school is a grant-maintained school, the governing body shall secure that the school premises conform to the prescribed standards.

(4) Subsections (2) and (3) have effect subject to section 543.

543 Relaxation of prescribed standards in special cases

(1) Where subsection (2), (3) or (4) applies in relation to a school, the Secretary of State may direct that, despite the fact that the prescribed requirement referred to in that subsection is not satisfied, the school premises shall be taken, as respects the matters specified in the direction, to conform to the standards prescribed under section 542 so long as--

(a) the direction remains in force, and

(b) any conditions specified in the direction as respects those matters are observed.

(2) This subsection applies if the Secretary of State is satisfied, having regard--

(a) to the nature of the school's existing site,

(b) to any existing buildings on the site, or

that it would be unreasonable to require conformity with any prescribed requirement as to any matter.

(3) This subsection applies if--

(a) the school is to have an additional or new site, and

(b) the Secretary of State is satisfied, having regard to the shortage of suitable sites, that it would be unreasonable to require conformity with any prescribed requirement relating to sites.

(4) This subsection applies if--

(a) the school is to have additional buildings, or is to be transferred to a new site,

(b) existing buildings not previously part of the school premises, or temporary buildings, are to be used for that purpose, and

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