Education Act 1996, section 2

Definition of primary, secondary and further education

Part I General

[F4 (1) In this Act “primary education” means—

(a)full-time or part-time education suitable to the requirements of children who have attained the age of two but are under compulsory school age;

(b)full-time education suitable to the requirements of junior pupils of compulsory school age who have not attained the age of 10 years and six months; and

(c)full-time education suitable to the requirements of junior pupils who have attained the age of 10 years and six months and whom it is expedient to educate together with junior pupils within paragraph (b).F4]

(2) In this Act “secondary education” means—

(a)full-time education suitable to the requirements of pupils of compulsory school age who are either—

(i)senior pupils, or

(ii)junior pupils who have attained the age of 10 years and six months and whom it is expedient to educate together with senior pupils of compulsory school age; and

(b)(subject to subsection (5)) full-time education suitable to the requirements of pupils who are over compulsory school age but under the age of 19 which is provided at a school at which education within paragraph (a) is also provided.

[F5 (2A)Education is also secondary education for the purposes of this Act (subject to subsection (5)) if it is provided by an institution which—

(a)is maintained by a [F6 local authorityF6] [F7 or is an AcademyF7] , and

(b)is principally concerned with the provision of full-time education suitable to the requirements of pupils who are over compulsory school age but under the age of 19.

(2B)Where—

(a)a person is in full-time education,

(b)he receives his education partly at a school and, by virtue of arrangements made by the school, partly at another institution [F8 or any other establishmentF8] , and

(c)the education which he receives at the school would be secondary education if it was full-time education at the school,

the person’s education, both at the school and at the other institution [F9 or establishmentF9] , is secondary education for the purposes of this Act (subject to subsection (5)).F5]

(3) Subject to subsection (5), in this Act “further education” means—

(a)full-time and part-time education suitable to the requirements of persons who are over compulsory school age [F10(including vocational, social, physical and recreational training)F10] , and

(b)organised leisure-time occupation provided in connection with the provision of such education,

except that it does not include secondary education or (in accordance with subsection (7)) higher education.

(4)Accordingly, unless it is education within subsection (2)(b) [F11or (2A)F11] , full-time education suitable to the requirements of persons over compulsory school age who have not attained the age of 19 is further education for the purposes of this Act and not secondary education.

(5)For the purposes of this Act education provided for persons who have attained the age of 19 is further education not secondary education; but where a person—

(a)has begun a particular course of secondary education before attaining the age of 18, and

(b)continues to attend that course,

the education does not cease to be secondary education by reason of his having attained the age of 19.

(6) In subsection (3)(b) “organised leisure-time occupation” means leisure-time occupation, in such organised cultural training and recreative activities as are suited to their requirements, for any persons over compulsory school age who are able and willing to profit by facilities provided for that purpose.

[F12 (6A)In the context of the definitions of secondary education and further education, references in this section to education include vocational, social, physical and recreational training.F12]

(7)References in this section to education do not include references to higher education.

Definitions used in section 2 8

child

“child” means a person who is not over compulsory school age;

Defined in s.579(1) · see it in the full Act
school

(1) In this Act (subject to subsections (1A) to (1C) ) “school” means an educational institution which is outside the further education sector and the wider higher education sector and is an institution for providing—

(a)primary education,

(b)secondary education, or

(c)both primary and secondary education,

Defined in s.4(1) · see it in the full Act
junior pupil

“junior pupil” means a child who has not attained the age of 12; and

Defined in s.3(2) · see it in the full Act
pupil

(3) The definition of “pupil” in subsections (1) and (1A) also apply (unless the context otherwise requires) for the purposes of any instrument made or having effect as if made under the Education Acts.

Defined in s.3(3) · see it in the full Act

(1) In this Act “pupil” means a person for whom education is being provided at a school, other than—

(a)a person who has attained the age of 19 for whom further education is being provided, or

(b)a person for whom part-time education suitable to the requirements of persons of any age over compulsory school age is being provided.

Defined in s.3(1) · see it in the full Act
senior pupil

“senior pupil” means a person who has attained the age of 12 but not the age of 19.

Defined in s.3(2) · see it in the full Act
local authority

“local authority” means—

(a)

a local authority in England;

(b)

a local authority in Wales;

Defined in s.579(1) · see it in the full Act
Academy

“Academy” means an educational institution to which Academy arrangements relate;

Defined in s.579(1) · see it in the full Act
higher education

“higher education” means education provided by means of a course of any description mentioned in Schedule 6 to the Education Reform Act 1988 ;

Defined in s.579(1) · see it in the full Act

Cases considering section 2 8

Essex County Council v Williams

[2011] EWCA Civ 1315 · 15 November 2011Interprets

The judgment sets out the statutory meaning of secondary education as context for the age issue. It makes no separate ruling on the detailed operation of subsection (2) (see paras [18]; [37]). Cited only. The judgment interprets section 2(5) as governing the classification and continuation of secondary education, not the meaning of “child” for Part IV. It therefore cannot require maintenance of a statement beyond 19 (see paras [11]; [37]-[43]).

FT v The Governors of Hampton Dene Primary School

[2016] UKUT 468 (AAC) · 18 October 2016Defines

The definition of primary education informed the conclusion that suitable education for the relevant child meant full-time education. (see paras [49]; [51]; [57])

B, R (on the application of) v London Borough of Islington

[2010] EWHC 2539 (Admin) · 20 August 2010Limits

Section 2(5) preserves the character of secondary education where a person continues a course begun before attaining 18. It does not extend the duty to maintain a statement beyond the person’s 19th birthday (see paras [21]; [24]).

What each judgment says about section 2 is in the case-law panel in the full Act.

Amendments and notes

9 notes from legislation.gov.uk

Amendments

  1. F4S. 2(1) substituted (1.10.2002 for E., 31.3.2004 for W.) by Education Act 2002 (c. 32), ss. 156(2), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/912, art. 4, Sch. Pt. 1
  2. F5S. 2(2A)(2B) inserted (1.9.2000 for E. for certain purposes and 1.4.2001 otherwise for E.W.) by 2000 c. 21, s. 110(1) (with s. 150); S.I. 2000/2114, art. 2(3), Sch. Pt. III; S.I. 2001/654, art. 2(2), Sch. Pt. II (with art. 3); S.I. 2001/1274, art. 2(1), Sch. Pt. I (with art. 3)
  3. F6Words 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. 7(2) (with Sch. 2 para. 7(4)(5))
  4. F7Words in s. 2(2A)(a) inserted (26.7.2002) by Education Act 2002 (c. 32), ss. 65(3), 216(2), Sch. 7 para. 6(2) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 2
  5. F8Words in s. 2(2B)(b) inserted (1.10.2002 for E., 1.8.2004 for W.) by Education Act 2002 (c. 32), ss. 177(2)(a), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/912, art. 5, Sch. Pt. 2
  6. F9Words in s. 2(2B) inserted (1.10.2002 for E., 1.8.2004 for W.) by Education Act 2002 (c. 32), ss. 177(2)(b), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/912, art. 5, Sch. Pt. 2
  7. F10Words in s. 2(3)(a) repealed (1.10.2002 for E., 1.8.2004 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 22 Pt. 3 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/912, art. 5, Sch. Pt. 2
  8. F11Words in s. 2(4) inserted (1.10.2002 for E., 19.12.2002 for W.) by Education Act 2002 (c. 32), ss. 215(1), 216(4), Sch. 21 para. 33 (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2002/3185, art. 4, Sch. Pt. 1
  9. F12S. 2(6A) inserted (1.10.2002 for E., 1.8.2004 for W.) by Education Act 2002 (c. 32), ss. 177(3), 216(4) (with ss. 210(8), 214(4)); S.I. 2002/2439, art. 3; S.I. 2004/912, art. 5, Sch. Pt. 2