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F1 Part I

1 Instruments of government and articles of government.

(1)For every county, voluntary and maintained special school there shall be—

(a)an instrument providing for the constitution of a governing body of the school (to be known as the instrument of government); and

(b)an instrument in accordance with which the school is to be conducted (to be known as the articles of government).

(2)The instrument of government and articles of government shall be made by order of the local education authority.

(3)The instrument of government shall contain such provisions as are required either by Part II of this Act (which is concerned, among other things, with the size and composition of governing bodies and the procedures for electing members and filling vacancies) or by any other enactment.

(4)The articles of government shall contain such provisions as are required either by Part III of this Act (which is concerned, among other things, with the manner in which schools are to be conducted and the allocation of functions between the local education authority, the governing body and the head teacher) or by any other enactment.

(5)The instrument of government and articles of government shall—

(a)contain no provision which is inconsistent with any provision made by or under this Act or any other enactment; and

(b)comply with any trust deed relating to the school.

(6)This section is subject to the following provisions of this Act—

(a)section 9 (which provides for two or more schools to be grouped under a single governing body in certain circumstances); and

(b)section 12 (which provides for certain existing, or proposed, schools to have temporary governing bodies pending the constitution of governing bodies under instruments of government).

2 Procedure in relation to making etc. of instruments and articles.

(1)Before making any order under section 1 of this Act, a local education authority shall consult the governing body and the head teacher of the school concerned.

(2)Before making any such order in respect of a voluntary school, a local education authority shall—

(a)secure the agreement of the governing body to the terms of the proposed order;

(b)if it embodies or varies an instrument of government, secure the agreement of the foundation governors to any provisions which are of particular concern to those governors; and

(c)have regard to the way in which the school has been conducted.

(3)Where the governing body of any county, voluntary or maintained special school make a proposal to the local education authority for the alteration of the provision made by the instrument of government, or articles of government, for the school, it shall be the duty of the authority to consider their proposal.

(4)Where—

(a)the foundation governors of a voluntary school make a proposal to the local education authority for the alteration of the provision made by the instrument of government for the school; and

(b)the proposal relates solely to one or more matters which are of particular concern to those governors;

it shall be the duty of the authority to consider their proposal.

(5)Where a local education authority—

(a)propose to make an order under section 1 but cannot secure any agreement required by subsection (2) above; or

(b)refuse, in the case of a voluntary school, to make such an order in response to a proposal of a kind mentioned in subsection (3) or (4) above;

the authority or (as the case may be) the governing body or foundation governors may refer the matter to the Secretary of State.

(6)On any reference to him under subsection (5) above, the Secretary of State shall give such direction as he thinks fit having regard, in particular, to the status of the school as a controlled, aided or (as the case may be) special agreement school.

(7)Where it appears to the Secretary of State—

(a)that an order, or proposed order, under section 1 is in any respect inconsistent with the provisions of any trust deed relating to the school; and

(b)that it is expedient in the interests of the school that the provisions of the trust deed should be modified for the purpose of removing the inconsistency;

he may by order make such modifications in the trust deed as appear to him to be just and expedient for that purpose.

F2 Part II

Governing bodies

3 Governing bodies for county, controlled and maintained special schools.

4 Governing bodies for aided and special agreement schools.

4A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Governors

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6 Connection with local business community.

The instrument of government for any county, controlled or maintained special school shall provide for it to be the duty of the governors concerned, in co-opting any person to be a member of the governing body (otherwise than as a foundation governor)—

(a)to have regard—

(i)to the extent to which they and the other governors are members of the local business community; and

(ii)to any representations made to the governing body as to the desirability of increasing the connection between the governing body and that community; and

(b)where it appears to them that no governor of the school is a member of the local business community, or that it is desirable to increase the number of governors who are, to co-opt a person who appears to them to be a member of that community.

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Grouping of schools

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10 Requirements as to consent to grouping.

(1)Before resolving to group any schools under section 9 of this Act, a local education authority shall obtain the consent of the Secretary of State to the proposed grouping unless—

(a)the group will consist only of two primary schools both of which serve substantially the same area;

(b)neither of the schools is a special school; and

(c)where they are in Wales, there is no significant difference between them in their use of the Welsh language.

(2)The Secretary of State’s consent may be given subject to such conditions as he sees fit to impose with respect to the duration of the grouping to which his consent is given.

(3)Where two primary schools have been grouped under section 9 in circumstances in which the Secretary of State’s consent was not required under subsection (1) above, his consent to their continuing to be so grouped shall be required if a change of circumstances occurs such that a proposal to group those schools under section 9 made after that change would require his consent under that subsection.

(4)Where the Secretary of State’s consent is required to the grouping or continued grouping of any schools under section 9, sections 3 to 7 of this Act shall apply in relation to the group subject to such modifications (if any) as he may direct.

(5)No local education authority may pass a resolution under section 9 applying to any voluntary school without first obtaining the consent of its governing body.

(6)No local education authority may pass a resolution under section 9 applying to any county or maintained special school without first consulting its governing body.

(7)Any dispute as to whether, for the purposes of this section—

(a)two primary schools are to be regarded as serving substantially the same area; or

(b)there is any significant difference between two primary schools in their use of the Welsh language;

shall be determined by the Secretary of State.

Reviews

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Temporary governing bodies

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Miscellaneous and supplemental

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14 Adjustment in number of governors.

(1)Where—

(a)any county, controlled or maintained special school has more governors of a particular category than are provided for by the instrument of government for the school; and

(b)the excess is not eliminated by the required number of governors of that category resigning;

such number of governors of that category as is required to eliminate the excess shall cease to hold office.

(2)The governors who are to cease to hold office shall be selected on the basis of seniority, the longest serving governor being the first to be selected, and so on.

(3)Where it is necessary for the purpose of subsection (2) above to select one or more governors from a group of equal seniority, it shall be done by drawing lots.

(4)Subsections (2) and (3) above do not apply in relation to foundation governors.

(5)The instrument of government for every controlled school shall make provision for the procedure to be adopted whenever subsection (1) above requires any foundation governor to cease to hold office.

15 Miscellaneous.

(1)Where a school to which section 3 or 4 of this Act applies has more than one head teacher (whether or not as a result of two or more schools being grouped under section 9 of this Act), each of them shall be a governor unless he chooses not to be.

(2)It shall be for the local education authority, in the case of a county, controlled or maintained special school, and for the governing body, in the case of an aided or special agreement school—

(a)to determine, for the purposes of an election of parent governors or teacher governors to the governing body, any question whether a person is—

(i)a parent of a registered pupil at the school; or

(ii)a teacher at the school; and

(b)to make all necessary arrangements for, and to determine all other matters relating to, any such election.

(3)The power conferred by subsection (2)(b) above includes power to make provision as to qualifying dates but does not include power to impose any requirement as to the minimum number of votes required to be cast for a candidate to be elected.

(4)Any such election which is contested must be held by secret ballot.

(5)The arrangements made under subsection (2)(b) above shall, in the case of any election of a parent governor, provide for every person who is entitled to vote in the election to have an opportunity to do so by post or, if he so prefers, by having his ballot paper returned to the school by a registered pupil at the school.

(6)Where a vacancy for a parent governor of any county, voluntary or maintained special school is required to be filled by election, it shall be the duty of the appropriate authority to take such steps as are reasonably practicable to secure that every person who is known to them to be a parent of a registered pupil at the school is—

(a)informed of the vacancy and that it is required to be filled by election;

(b)informed that he is entitled to stand as a candidate, and vote, at the election; and

(c)given an opportunity to do so.

(7)The instrument of government for every voluntary school shall name the person or persons (if any) who are entitled to appoint any foundation governor.

(8)The instrument of government for any voluntary school may provide for any foundation governorship to be held ex officio by the holder of an office named in the instrument.

(9)The qualification of any person for election or appointment as a governor, of a particular category, of any county, voluntary or maintained special school, shall not have the effect of disqualifying him for election or appointment as a governor, of any other category, of that school.

(10)No person shall at any time hold more than one governorship of the same county, voluntary or maintained special school.

(11)Where the instrument of government for any county, voluntary or maintained special school provides for one or more governors to be appointed by persons acting jointly, any such appointment shall be made, in the event of failure on the part of those persons to make an agreed appointment—

(a)by the Secretary of State; or

(b)in accordance with any direction given by him.

(12)No instrument of government for any county, voluntary or maintained special school which provides for one or more persons to be co-opted, by governors, as members of the governing body of the school shall make any provision (otherwise than by virtue of section 6 of this Act) which has the effect of restricting those governors in their choice of person to co-opt.

(13)In subsection (12) above, references to co-opted governors are to governors required to be co-opted by virtue of section 3 of this Act and do not include references to co-opted foundation governors.

(14)No person shall be qualified for membership of the governing body of any county, voluntary or maintained special school unless he is aged eighteen or over, at the date of his election or appointment.

(15) In subsection (6) above, “ appropriate authority ” means—

(a)the local education authority, in the case of a county, controlled or maintained special school; and

(b)the governing body, in the case of an aided or special agreement school.

F24 Part III

General

16 General responsibility for conduct of certain schools.

16A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

School curriculum

17 Duty of local education authority to state policy.

(1)It shall be the duty of every local education authority—

(a)to determine, and keep under review, their policy in relation to the secular curriculum for the county, voluntary and special schools maintained by them;

(b)to make, and keep up to date, a written statement of that policy; . . .

F25(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F25(2)In discharging their duty under subsection (1) above, an authority shall consider, in particular—

(a)the range of the secular curriculum; and

(b)the balance between its different components.

(3)In carrying out their functions under this Act or any other enactment, a local education authority shall have regard to their policy in relation to the secular curriculum for their schools, as expressed in their statement.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2618. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19 Aided and special agreement schools.

(1)The articles of government for every aided and special agreement school shall provide—

(a)for the content of the secular curriculum for the school to be under the control of the governing body;

(b)for the governing body to have regard to the policy of the local education authority as to the curriculum for the authority’s schools, as expressed in the statement made by the authority under section 17 of this Act; and

(c)for the head teacher to be allocated by the governing body such functions as will, subject to the resources available, enable him to determine and organise the curriculum and secure that it is followed within the school.

(2)The articles of government for every such school shall provide for it to be the duty of the governing body, when considering the content of the secular curriculum for the school, to have regard—

(a)to any representations which are made to them, with regard to that curriculum, by any persons connected with the community served by the school; and

(b)to any such representations which—

(i)are made to them by the chief officer of police; and

(ii)are connected with his responsibilities.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3220 F33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

School terms etc.

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Discipline

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26 Appeals.

(1)Every local education authority shall make arrangements for enabling—

(a)a registered pupil at a county, controlled or maintained special school who is aged eighteen or over, or a parent of his, in the case of a pupil at such a school who is under eighteen, to appeal against any decision not to reinstate the pupil following his permanent exclusion from the school; and

(b)any governing body of such a school, the head teacher of which has been directed by the authority to reinstate any registered pupil at the school who has been permanently excluded, to appeal against the direction.

(2)The governing body of every aided or special agreement school shall make arrangements for enabling a registered pupil at the school who is aged eighteen or over, or a parent of a pupil at such a school who is under eighteen to appeal against any decision not to reinstate the pupil following his permanent exclusion from the school.

(3)Joint arrangements may be made under subsection (2) above by the governing bodies of two or more aided or special agreement schools maintained by the same local education authority.

(4)Any appeal by virtue of this section shall be to an appeal committee constituted in accordance with Part I of Schedule 2 to the 1980 Act; and Schedule 3 to this Act shall have effect, in place of Part II of Schedule 2 to the 1980 Act, in relation to any such appeal.

(5)The decision of an appeal committee on any such appeal shall be binding on the persons concerned; and where the committee determines that the pupil in question should be reinstated it shall direct that he be reinstated immediately or direct that he be reinstated by such date as is specified in the direction.

27 Exclusion: additional provision for appeals.

Where the articles of government for any county, voluntary or maintained special school provide—

(a)for the parents of any pupil who is excluded from the school in circumstances in which no right of appeal is given by section 26 of this Act to have the right to appeal against his exclusion to a person specified by the articles; and

(b)for the procedure to be followed on such an appeal; any decision on such an appeal that the pupil should be reinstated, or that he should be reinstated earlier than would otherwise be the case, shall be binding on the head teacher.

28 Local education authority’s reserve power.

(1)Every local education authority shall have power, in the circumstances mentioned in subsection (3) below, to take such steps in relation to any county, controlled or special school maintained by them as they consider are required to prevent the breakdown, or continuing breakdown, of discipline at the school.

(2)The governing body and the head teacher of every aided and special agreement school shall, in the circumstances mentioned in subsection (3) below, consider any representations made to them by the local education authority.

(3)The circumstances are that—

(a)in the opinion of the authority—

(i)the behaviour of registered pupils at the school; or

(ii)any action taken by such pupils or their parents;

is such that the education of any such pupils is, or is likely in the immediate future to become, severely prejudiced; and

(b)the governing body have been informed in writing of the authority’s opinion.

(4)Steps taken by an authority under subsection (1) above may include the giving of any direction to the governing body or head teacher.

Finance

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Reports and meetings

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31 Annual parents’ meetings.

(1) Subject to subsections (7) and (8) below, the articles of government for every county, voluntary and maintained special school shall provide for it to be the duty of the governing body to hold a meeting once in every school year (“the annual parents’ meeting”) which is open to—

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

(b)the head teacher; and

(c)such other persons as the governing body may invite.

(2)The purpose of the meeting shall be to provide an opportunity for discussion of—

(a)the governors’ report; and

(b)the discharge by the governing body, the head teacher and the local education authority of their functions in relation to the school.

(3)No person who is not a parent of a registered pupil at the school may vote on any question put to the meeting.

(4)The articles of government for every such school shall provide—

(a)for the proceedings at any annual parents’ meeting to be under the control of the governing body;

(b)for any annual parents’ meeting, at which the required number of parents of registered pupils at the school are present, to be entitled to pass (by a simple majority) resolutions on any matters which may properly be discussed at the meeting;

(c)for it to be the duty of the governing body—

(i)to consider any resolution which is duly passed at such a meeting and which they consider is a matter for them;

(ii)to send to the head teacher a copy of any such resolution which they consider is a matter for him; and

(iii)to send to the local education authority a copy of any such resolution which they consider is a matter for the authority; and

(d)for it to be the duty of the head teacher, and of the local education authority, to consider any such resolution a copy of which has been sent to him, or them, by the governing body and to provide the governing body with a brief comment on it (in writing) for inclusion in their next governors’ report.

(5)The articles of government for every county, controlled and maintained special school shall provide for any question whether any person is to be treated as the parent of a registered pupil at the school, for the purposes of any provision of the articles relating to the annual parents’ meeting, to be determined by the local education authority.

(6)The articles of government for every aided or special agreement school shall provide for any such question to be determined by the governing body.

(7)The articles of government for every special school established in a hospital shall provide that where the governing body are of the opinion that it would be impracticable to hold an annual parents’ meeting in a particular school year they may refrain from holding such a meeting in that year.

(8)The articles of government for every county, voluntary and maintained special school (other than a special school established in a hospital), the proportion of registered pupils at which who are boarders is, or is likely to be, at least fifty per cent., shall provide that where—

(a)the governing body are of the opinion that it would be impracticable to hold an annual parents’ meeting in a particular school year; and

(b)at least fifty per cent. of the registered pupils at the school are boarders at the time when the governing body form that opinion;

they may refrain from holding such a meeting in that year.

(9) In subsection (4)(b) above “ the required number ”, in relation to any school, means any number equal to at least twenty per cent. of the number of registered pupils at the school.

32 Reports by governing body and head teacher.

(1)The articles of government for every county, voluntary and maintained special school shall provide—

(a)for the governing body to furnish to the local education authority such reports in connection with the discharge of their functions as the authority may require (either on a regular basis or from time to time); and

(b)for the head teacher to furnish to the governing body or (as the case may be) local education authority such reports in connection with the discharge of his functions as the governing body or authority may so require.

(2)The articles of government for every aided school shall provide—

(a)for the local education authority to notify the governing body of any requirement of a kind mentioned in subsection (1)(b) above which is imposed by them on the head teacher; and

(b)for the head teacher to furnish the governing body with a copy of any report which he makes in complying with the requirement.

Admissions

33 Admissions.

(1)Where the governing body of any county or voluntary school are responsible for determining the arrangements for admitting pupils to the school, they shall—

(a)at least once in every school year, consult the local education authority as to whether those arrangements are satisfactory; and

(b)consult the authority before determining, or varying, any of them.

(2)Where the local education authority are responsible for determining the arrangements for admitting pupils to any such school they shall—

(a)at least once in every school year, consult the governing body as to whether those arrangements are satisfactory; and

(b)consult the governing body before determining, or varying, any of them.

Appointment and dismissal of staff

34 Determination of staff complement for schools.

(1)Every county, controlled, special agreement and maintained special school shall have a complement of teaching and non-teaching posts determined by the local education authority.

(2)The complement for any such school shall include—

(a)all full-time teaching posts; and

(b)all part-time teaching posts which are to be filled by persons whose only employment with the authority will be at the school.

(3)The complement for any such school shall not include any staff employed by the authority solely in connection with either or both of the following—

(a)the provision of meals;

(b)the supervision of pupils at midday.

35 Appointment and dismissal of staff: introductory.

(1)The appointment and dismissal of staff (including teachers) at every county, controlled, special agreement and maintained special school shall be under the control of the local education authority, but—

(a)the appointment of a head teacher shall be subject to the provision made by the articles of government for the school in accordance with section 37 of this Act;

(b)the appointment of a deputy head teacher shall be subject to the provision made by the articles in accordance with section 39 of this Act;

(c)the appointment and dismissal of the clerk to the governing body shall be subject to section 40 of this Act and to any provision made by the articles in accordance with that section;

(d)the appointment of any other staff (including any teacher), to a post which is part of the school’s complement, shall be subject to the provision made by the articles in accordance with section 38 of this Act;

(e)the dismissal of staff shall be subject to the provision made by the articles in accordance with section 41 of this Act;

(f)the appointment and dismissal of staff at any school for which there is a temporary governing body shall be subject to the provisions of Schedule 2 to this Act; and

(g)this section is subject to the provisions of sections 27 and 28 of the 1944 Act (which relate to religious education).

(2)The articles of government for every such school shall provide for it to be the duty of the local education authority to consult the governing body and the head teacher before appointing any person to work solely at the school otherwise than—

(a)in a teaching post;

(b)in a non-teaching post which is part of the complement of the school; or

(c)solely in connection with either or both of the following—

(i)the provision of meals;

(ii)the supervision of pupils at midday.

36 The selection panel.

(1)The articles of government for every county, controlled, special agreement and maintained special school shall provide—

(a)for the constitution of a selection panel whenever such a panel is required, by virtue of section 37 or 39 of this Act, in relation to the appointment of a head teacher or deputy head teacher;

(b)for the selection panel to consist of a specified number of persons appointed to it by the local education authority and a specified number of governors appointed to it by the governing body, the number so specified being—

(i)in each case, not less than three; and

(ii)in relation to appointments made by the governing body, not less than the number specified in relation to appointments made by the authority; and

(c)for the governing body and the authority to have power to replace, at any time, any member of the selection panel whom they have appointed.

(2)The Secretary of State may by regulations make provision as to the meetings and proceedings of selection panels.

37 Appointment of head teacher.

(1)The articles of government for every county, controlled, special agreement and maintained special school shall provide—

(a)for it to be the duty of the local education authority not to appoint a person to be the head teacher of the school unless his appointment has been recommended by a selection panel constituted in accordance with the articles;

(b)for it to be the duty of the authority, in the event of the post of head teacher being vacant, to appoint an acting head teacher after consulting the governing body;

(c)for it to be the duty of the authority, before appointing a head teacher, to advertise the vacancy in such publications circulating throughout England and Wales as they consider appropriate;

(d)for it to be the duty of the selection panel constituted in relation to the appointment of a head teacher to interview such applicants for the post as they think fit;

(e)in the event of a failure of the panel to agree on the applicants whom they wish to interview—

(i)for those members of the panel appointed by the governing body to have the right to nominate not more than two applicants to be interviewed by the panel; and

(ii)for the other members of the panel to have the right to nominate not more than two other applicants to be so interviewed;

(f)for it to be the duty of the panel, where they consider that it is appropriate to do so, to recommend to the authority for appointment as head teacher one of the applicants interviewed by them;

(g)for it to be the duty of the panel, where they are unable to agree on a person to recommend to the authority—

(i)to repeat (with a view to reaching agreement) such of the steps which they are required to take by virtue of paragraphs (d) to (f) above as they think fit;

(ii)where they have repeated any of those steps and remain unable to agree, or have decided that it is not appropriate to repeat any of them, to require the authority to re-advertise the vacancy; and

(iii)where the vacancy is re-advertised, to repeat all of those steps;

(h)for it to be the duty of the panel, where the authority decline to appoint a person recommended by them—

(i)where there are applicants for the post whom they have not interviewed, to interview such of those applicants (if any) as they think fit;

(ii)to recommend another of the applicants interviewed by them, if they think fit;

(iii)to ask the authority to re-advertise the vacancy, if they consider that it should be re-advertised; and

(iv)where the vacancy is re-advertised, to repeat the steps which they are required to take by virtue of paragraphs (d) to (f);

(i)for it to be the duty of the authority to re-advertise the post of head teacher where they are required to do so by the panel; and for the authority to have power to do so, where—

(i)the post has been duly advertised;

(ii)the selection panel have failed to make either a recommendation which is acceptable to the authority or a request that the post be re-advertised; and

(iii)the authority are of the opinion that the panel have had sufficient time in which to carry out their functions; and

(j)for the chief education officer of the authority, or a member of his department nominated by him, to have the right to attend all proceedings of the panel (including interviews) for the purpose of giving advice to members of the panel.

(2) In this section “head teacher” does not include an acting head teacher.

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39 Appointment of deputy head teacher.

(1)The articles of government for every county, controlled, special agreement and maintained special school shall, in relation to the appointment of a deputy head teacher for the school, make—

(a)the same provision, modified in accordance with subsections (2) and (3) below, as that made by the articles (in accordance with section 37 of this Act) in relation to the appointment of a head teacher for the school; or

(b)the same provision as that made by the articles (in accordance with section 38 of this Act) in relation to the appointment of other teachers at the school.

(2)Articles of government which, in accordance with subsection (1) above, provide for the appointment of a deputy head teacher for the school to be on the recommendation of a selection panel shall provide for the head teacher, where he is not a member of the panel—

(a)to be entitled to be present, for the purpose of giving advice, at any proceedings of the panel (including interviews); and

(b)whether or not he attends any such proceedings, to be consulted by the panel before it makes any recommendation to the local education authority.

(3)No provision shall be required in the articles of government similar to that mentioned in section 37(1)(b) of this Act.

(4) In subsection (1) above “head teacher” does not include an acting head teacher.

40 Appointment and dismissal of clerk to governing body.

(1)The articles of government for every county and maintained special school shall provide for the clerk to the governing body to be appointed by the local education authority in accordance with arrangements to be determined by them in consultation with the governing body.

(2)The clerk to the governing body of any controlled or special agreement school shall be appointed—

(a)where the articles of government make provision in relation to his appointment, in accordance with that provision;

(b)in every other case, by the authority in accordance with arrangements determined by them in consultation with the governing body.

(3)Arrangements determined in respect of any school under subsections (1) or (2)(b) above may be varied by the authority in consultation with the governing body.

(4)The articles of government for every county and maintained special school shall provide for it to be the duty of the authority not to dismiss the clerk except in accordance with arrangements determined by them in consultation with the governing body.

(5)The articles of government for every county, controlled, special agreement and maintained special school shall provide for the governing body to have power, where the clerk fails to attend any meeting of theirs, to appoint one of their number to act as clerk for the purposes of that meeting, but without prejudice to his position as a governor.

(6)The clerk to the governing body of any controlled or special agreement schools may not be dismissed except—

(a)where the articles of government make provision in relation to his dismissal, in accordance with that provision; or

(b)in any other case, in accordance with arrangements determined by the local education authority in consultation with the governing body.

(7)The articles of government for every county, controlled, special agreement and maintained special school shall provide for it to be the duty of the local education authority to consider any representations made to them by the governing body as to the dismissal of their clerk.

41 Dismissal, etc. of staff.

(1)The articles of government for every county, controlled, special agreement and maintained special school shall provide—

(a)for it to be the duty of the local education authority to consult the governing body and the head teacher (except where he is the person concerned) before—

(i)dismissing (otherwise than under section 27(5) or 28(4) of the 1944 Act, which allow foundation governors to require the authority to dismiss a reserved teacher) any person to whom subsection (3) below applies;

(ii)otherwise requiring any such person to cease to work at the school; or

(iii)permitting any such person to retire in circumstances in which he would be entitled to compensation for premature retirement;

(b)for it to be the duty of the local education authority, where a teacher at the school is required to complete an initial period of probation, to consult the governing body and the head teacher before—

(i)extending his period of probation; or

(ii)deciding whether he has completed it successfully;

(c)for it to be the duty of the local education authority, where the governing body recommend to them that a person should cease to work at the school, to consider their recommendation;

(d)for both the governing body and the head teacher to have power to suspend any person employed to work at the school where, in the opinion of the governing body or (as the case may be) the head teacher, his exclusion from the school is required; and

(e)for it to be the duty of the governing body, or head teacher, when exercising that power—

(i)to inform the local education authority and the head teacher or (as the case may be) governing body forthwith; and

(ii)to end the suspension if directed to do so by the authority.

(2) In this section “ suspend ” means suspend without loss of emoluments.

(3)This subsection applies to any person who is employed—

(a)in a post which is part of the complement of the school in question; or

(b)to work solely at the school in any other post, otherwise than solely in connection with either or both of the following—

(i)the provision of meals;

(ii)the supervision of pupils at midday.

School premises

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part IV Miscellaneous

43 Freedom of speech in universities, polytechnics and colleges. cross-notes

(1)Every individual and body of persons concerned in the government of any establishment to which this section applies shall take such steps as are reasonably practicable to ensure that freedom of speech within the law is secured for members, students and employees of the establishment and for visiting speakers.

(2)The duty imposed by subsection (1) above includes (in particular) the duty to ensure, so far as is reasonably practicable, that the use of any premises of the establishment is not denied to any individual or body of persons on any ground connected with—

(a)the beliefs or views of that individual or of any member of that body; or

(b)the policy or objectives of that body.

(3)The governing body of every such establishment shall, with a view to facilitating the discharge of the duty imposed by subsection (1) above in relation to that establishment, issue and keep up to date a code of practice setting out—

(a)the procedures to be followed by members, students and employees of the establishment in connection with the organisation—

(i)of meetings which are to be held on premises of the establishment and which fall within any class of meeting specified in the code; and

(ii)of other activities which are to take place on those premises and which fall within any class of activity so specified; and

(b)the conduct required of such persons in connection with any such meeting or activity;

and dealing with such other matters as the governing body consider appropriate.

(4)Every individual and body of persons concerned in the government of any such establishment shall take such steps as are reasonably practicable (including where appropriate the initiation of disciplinary measures) to secure that the requirements of the code of practice for that establishment, issued under subsection (3) above, are complied with.

[F54 (4A)The establishments in England to which this section applies are—

F55(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)any establishment of higher or further education which is maintained by a local authority;

(c)any institution within the further education sector.F54]

(5)The establishments [F56 in WalesF56] to which this section applies are—

(a)any university;

[F57 (aa) any institution other than a university within the higher education sectorF57]

[F58 (b)any establishment of higher or further education which is maintained by a [F59 local authorityF59] ;F58]

[F60 (ba) any institution within the further education sectorF60]

F61(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)In this section—

[F66 (6A)For the purposes of this section—

(a)an establishment is taken to be in England if its activities are carried on, or principally carried on, in England;

(b)an establishment is taken to be in Wales if its activities are carried on, or principally carried on, in Wales.F66]

(7)Where any establishment—

(a)falls within subsection [F67(4A)(b) orF67] (5)(b) above; or

F68(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the [F59local authorityF59][F69 . . .F69] shall, for the purposes of this section, be taken to be concerned in its government.

(8)Where a students’ union occupies premises which are not premises of the establishment in connection with which the union is constituted, any reference in this section to the premises of the establishment shall be taken to include a reference to the premises occupied by the students’ union.

F7044 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7246 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7346A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7447 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48 Abolition of corporal punishment: Scotland.

M1After section 48 of the Education Act (Scotland) 1980, there shall be inserted the following new section—

“ Corporal Punishment

48A Abolition of corporal punishment of pupils.

(1)Where, in any proceedings, it is shown that corporal punishment has been given to a pupil by or on the authority of a member of the staff, giving the punishment cannot be justified on the ground that it was done in pursuance of a right exercisable by the member of the staff by virtue of his position as such.

(2)Subject to subsection (3) below, references in this section to giving corporal punishment are references to doing anything for the purposes of punishing the pupil concerned (whether or not there are also other reasons for doing it) which, apart from any justification, would constitute physical assault upon the person.

(3)A person is not to be taken for the purposes of this section as giving corporal punishment by virtue of anything done for reasons which include averting an immediate danger of personal injury to, or an immediate danger to the property of, any person (including the pupil concerned).

(4)A person does not commit an offence by reason of any conduct relating to a pupil which would, apart from this section, be justified on the ground that it was done in pursuance of a right exercisable by a member of the staff by virtue of his position as such.

(5)In this section “pupil” means a person—

(a)for whom education is provided—

(i)at a public school,

(ii)at a grant-aided school, or

(iii)at an independent school, maintained or assisted by a Minister of the Crown, which is a school prescribed by regulations made under this section or falls within a category of schools so prescribed.

(b)for whom school education is provided by an education authority otherwise than at a school, or

(c)to whom subsection (6) below applies and for whom education is provided at an independent school which does not fall within paragraph (a)(iii) above.

(6)This subsection applies to a person if—

(a)he holds an assisted place under a scheme operated by the Secretary of State under section 75A of this Act.

(b)any of the fees or expenses payable in respect of his attendance at school are paid by the Secretary of State under section 73(f) of this Act.

(c)any of the fees payable in respect of his attendance at school are paid by an education authority under section 24(1)(c), 49(2)(b), 50(1) or 64(3) of this Act, or

(d)he falls within a category, prescribed by regulations made under this section, of persons appearing to the Secretary of State to be persons in respect of whom any fees are paid out of public funds.

(7)In this section “member of the staff” means—

(a)in relation to a person who is a pupil by reason of the provision of education for him at any school, any teacher who works at the school and any other person who has lawful control or charge of the pupil and works there, and

(b)in relation to a person who is a pupil by reason of the provision of school education for him by an education authority at a place other than a school, any teacher employed by the authority who works at that place and any other person employed by the authority who has lawful control or charge of the pupil and works there.

(8)The Secretary of State may, by order made by statutory instrument, prescribe—

(a)schools or categories of school for the purposes of subsection (5)(a)(iii) above; and

(b)categories of persons for the purposes of subsection (6)(d) above.

(9)A person shall not be debarred from receiving education (whether by refusing him admission to, or excluding him from, a school or otherwise) by reason of the fact that this section applies in relation to him, or if he were admitted might so apply.

(10)The power conferred on the Secretary of State by paragraph 4 of Schedule 1A to this Act to revoke a determination under section 75A of this Act if he is not satisfied that appropriate educational standards are being maintained includes power to do so if he is not satisfied that subsection (9) above is being complied with.”

49 Appraisal of performance of teachers.

F75. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7650 Grants for teacher training, etc.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7751 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7852 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7953 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8054 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8155 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8256 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8357 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8458 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8559 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8660 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8761 Minimum age for governors of establishments of further education.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8862 Access to papers etc. of governing bodies.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part V Supplemental

63 Orders and regulations.

(1)F89Any power of the Secretary of State to make orders or regulations under this Act . . . shall be exercised by statutory instrument.

(2)F90Any such statutory instrument (other than one made under section . . . 66, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

F91(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Regulations and orders under this Act may make different provision for different cases or different circumstances and may contain such incidental, supplemental or transitional provisions as the Secretary of State thinks fit.

F92(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

64 Expenses.

There shall be defrayed out of money provided by Parliament—

(a)any expenses incurred by the Secretary of State under this Act; and

(b)any increase attributable to this Act in the sums payable out of such money under any other Act.

65 Interpretation.

(1)In this Act—

(2) Except where otherwise provided, in this Act “governing body” and “governor” do not include a temporary governing body or any member of such a body.

66 Commencement. P3

(1)F96,F96Sections . . . 63 to 65, this section and section 67(1) . . . and (7) of this Act shall come into force on the passing of this Act.

(2)F97Section 49 . . . of this Act shall come into force at the end of the period of two months beginning with the day on which this Act is passed.

(3)The other provisions shall come into force on such date as the Secretary of State may by order appoint.

(4)Different dates may be appointed for different provisions or different purposes including, in particular, for the purpose of bringing particular provisions into force only in relation to particular schools or categories of school.

(5)Any order under this section may make such transitional provision as appears to the Secretary of State to be necessary or expedient in connection with the provisions brought into force by the order.

(6)Any such order may include such adaptations of the provisions which it brings into force, or of any other provisions of this Act then in force, as appear to him to be necessary or expedient for the purpose or in consequence of the operation of any provision of this Act (including, in particular, the provisions which the order brings into force) before the coming into force of any other provision.

67 Short title etc.

(1)This Act may be cited as the Education (No. 2) Act 1986.

F98(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)This Act shall be construed as one with [F99the Education Act 1996.F99]

(4)Schedule 4 to this Act (which makes consequential amendments) shall have effect.

F98(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F98(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)[F100 In this Act section 48 and this section extend to Scotland,F100] but otherwise this Act extends only to England and Wales.

Status: Education (No. 2) Act 1986 is up to date with all changes known to be in force on or before 29 August 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Education (No. 2) Act 1986 (1986/61)
Version from: 1 August 2025

Displaying information

Status of this instrument

in force Provision is in force
in force* In force only for specified purposes (see footnote)
not in force Not in force in England (may be in force in other geographies, see footnotes)
defined term Defined term
dfn Defined term (alternative style)
footnote commentary transitional and savings in force status related provisions geo extent insert/omit source count in force adj
C36 S. 43 modified (W.) (1.9.2013) by The Operation of the Local Curriculum (Wales) Regulations 2013 (S.I. 2013/1793), regs. 1(1), 3(a)
F1 Ss. 1-42 (Pts. I-III) repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt. I, Sch.39 (with ss. 1(4), 561, 562, Sch. 39) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F2 Ss. 1-42 (Pts. I-III) repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch.38 Pt. I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F24 Ss. 1-42 (Pts. I-III) repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F54 S. 43(4A) inserted (1.8.2019) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 5(2); S.I. 2018/1226, reg. 4(p) inserted
F55 S. 43(4A)(a) omitted (1.8.2025) by virtue of Higher Education (Freedom of Speech) Act 2023 (c. 16), s. 13(3), Sch. para. 18(a); S.I. 2025/528, reg. 2(h) omitted
F56 Words in s. 43(5) inserted (1.8.2019) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 5(3); S.I. 2018/1226, reg. 4(p) inserted
F57 S. 43(5)(aa) substituted (1.4.1993) (for s. 43(5)(aa) which was inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 100(2)) by Further and Higher Education Act 1992 (c. 13), s. 93(1), Sch. 8 para. Pt. I 22(a)(i); S.I. 1992/831, art. 2, Sch. 3 inserted, substituted
F58 S. 43(5)(b) substituted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 100(3) substituted
F59 Words in Act substituted (5.5.2010) by The Local Education Authorities and Children’s Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158), Sch. 2 para. 3 substituted
F60 S. 43(5)(ba) inserted (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 22(a)(ii); S.I. 1992/831, art. 2, Sch.3 inserted
F61 S. 43(5)(c) repealed (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 22(a)(iii), Sch. 9; S.I. 1992/831, art. 2, Sch. 3Appendix repealed
F62 Words in s. 43(6) substituted (1.8.2019) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 5(4); S.I. 2018/1226, reg. 4(p) substituted
F63 Words in s. 43(6) omitted (1.8.2025) by virtue of Higher Education (Freedom of Speech) Act 2023 (c. 16), s. 13(3), Sch. para. 18(b)(i); S.I. 2025/528, reg. 2(h) omitted
F64 Words in s. 43(6) substituted (W.) (1.8.2024) by Tertiary Education and Research (Wales) Act 2022 (asc 1), s. 148(2), Sch. 4 para. 3(2)(b) (with s. 19); S.I. 2024/806, art. 2(k)(ii) (with art. 28) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted: Wales substituted
F65 Words in s. 43(6) omitted (1.8.2025) by virtue of Higher Education (Freedom of Speech) Act 2023 (c. 16), s. 13(3), Sch. para. 18(b)(ii); S.I. 2025/528, reg. 2(h) omitted
F66 S. 43(6A) inserted (1.8.2019) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 5(6); S.I. 2018/1226, reg. 4(p) inserted
F67 Words in s. 43(7)(a) inserted (1.8.2019) by Higher Education and Research Act 2017 (c. 29), s. 124(5), Sch. 11 para. 5(7); S.I. 2018/1226, reg. 4(p) inserted
F68 S. 43(7)(b) repealed (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I, para. 22(b), Sch. 9; S.I. 1992/831, art. 2, Sch. 3Appendix repealed
F69 Words in s. 43(7) repealed (1.4.1993) by Further and Higher Education Act 1992 (c. 13), s. 93, Sch. 8 Pt. I para. 22(b), Sch.9; S.I. 1992/831, art. 2, Sch. 3Appendix repealed
F70 Ss. 44-47 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F71 Ss. 44-47 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F72 Ss. 44-47 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F73 Ss. 44-47 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F74 Ss. 44-47 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F75 S. 49 repealed (1.10.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 131(8), 215(2), 216(4) {Sch. 22 Pt. 3} (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3 (with transitional provisions and savings in art. 4, Sch.); S.I. 2002/3185, art. 4, Sch. Pt. 1 this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed: England repealed
F76 S. 50 omitted (1.9.2005) by virtue of Education Act 2005 (c. 18), s. 125(3)(a), Sch. 14 para. 10, Sch. 19 Pt. 3 omitted
F77 Ss. 51-60 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F78 Ss. 51-60 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F79 Ss. 51-60 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F80 Ss. 51-60 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F81 Ss. 51-60 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F82 Ss. 51-60 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F83 Ss. 51-60 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F84 Ss. 51-60 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F85 Ss. 51-60 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F86 Ss. 51-60 repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F87 S. 61 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 2(2) omitted
F88 S. 62 omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(3)(h), Sch. 15 para. 2(3) omitted
F89 Words in s. 63(1) repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F90 Words in s. 63(2) repealed (1.11.1996) by virtue of 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F91 S. 63(2A) repealed (1.11.1996) by virtue of 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F92 S. 63(4) repealed (1.4.1995) by 1993 c. 35, ss. 307(1)(3), 308(3), Sch. 19 para. 107(b), Sch. 21 Pt. II; S.I. 1994/1558, art. 3, Sch. Appendix repealed
F93 S. 65(1): all the definitions except that of "establishment of higher or further education" repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F94 Definition in s. 65(1) repealed (1.4.1994) by 1993 c. 35, s. 303(4), 307(1)(3), Sch. 19 para. 108, Sch. 21 Pt. I; S.I. 1994/507, art. 4, Sch. 2 repealed
F95 Definition inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(1), 235(6), 237(1), Sch. 12 para. 105 inserted
F96 Words in s. 66(1) repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F97 Words in s. 66(2) repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), 583(2), Sch. 38 Pt.I, Sch. 39 (with ss. 1(4), 561, 562, Sch. 39) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F98 S. 67(2)(5) and (6) repealed (1.11.1996) by 1996 c. 56, ss. 582(1)(2), 583(2), Sch. 37 Pt. I para. 66(2), Sch. 38 Pt.I (with ss. 1(4), 561, 562, Sch. 39) this amendment (text repealed) should be read in conjunction with other related provisions, see the commentary. repealed
F99 Words in s. 67(3) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 66(3) (with ss. 1(4), 561, 562, Sch. 39) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
F100 Words in s. 67(7) substituted (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 66(4) (with ss. 1(4), 561, 562, Sch. 39) this amendment (text substituted) should be read in conjunction with other related provisions, see the commentary. substituted
M1 1980 c. 44.
P3 Power of appointment conferred by s. 66(3) fully exercised: S.I. 1986/2203, 1987/344, 1159
Defined Term Section/Article ID Scope of Application
appropriate authority 15 of Part II def_ceacc9235f
establishment of higher or further education 65 of Part V def_908dd02194
governing body 43 of Part IV def_e39be06a2b
governing body 65 of Part V def_36d482b775
governor 65 of Part V def_2f054bffcb
head teacher 37 of Part III def_41884d9fcc
head teacher 39 of Part III def_e5ed04a909
suspend 41 of Part III def_5062feebd0
the annual parents 31 of Part III def_ac6dd4fa09
the required number 31 of Part III def_536a70eaba
university 43 of Part IV def_f2f779fbdc
  • Education (School Teacher Appraisal) (England) Regulations 2001 (2001/2855)
  • Education (Teacher Training Bursaries) (England) Regulations 2001 (2001/2622)
  • Education (Teacher Training Hardship Grants) (England) Regulations 2001 (2001/1285)
  • The Education (Bursaries for School Teacher Training Pilot Scheme) (England) (Amendment) Regulations 2001 (2001/800)
  • The Education (Bursaries for School Teacher Training Pilot Scheme) (England) Regulations 2000 (2000/2193)
  • The Education (Bursaries for School Teacher Training) (England) (Amendment) (No. 2) Regulations 2002 (2002/1137)
  • The Education (Bursaries for School Teacher Training) (England) (Amendment) Regulations 2002 (2002/756)
  • The Education (Bursaries for School Teacher Training) (England) (Revocation) Regulations 2002 (2002/3005)
  • The Education (Bursaries for School Teacher Training) (England) Regulations 2002 (2002/509)
  • The Education (Fast Track Bursaries and Grants) (England) Regulations 2001 (2001/3071)
  • The Education (School Teacher Appraisal) (Amendment) (England) Regulations 2000 (2000/3369)
  • The Education (School Teacher Appraisal) (England) Regulations 2000 (2000/1620)
  • The Education (Teacher Training Bursaries) (England) (Amendment) Regulations 2003 (2003/3094)
  • The Education (Teacher Training Bursaries) (England) Regulations 2002 (2002/508)
  • The Education (Teacher Training Hardship Grants) (England) (No. 2) Regulations 2001 (2001/2621)

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.

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