Education Act 1996, section 3

Definition of pupil etc

Part I General

(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.

[F13 and references to pupils in the context of the admission of pupils to, or the exclusion of pupils from, a school are references to persons who following their admission will be, or (as the case may be) before their exclusion were, pupils as defined by this subsection.F13]

[F14 (1A)A person is not for the purposes of this Act to be treated as a pupil at a school merely because any education is provided for him at the school in the exercise of the powers conferred by section 27 of the Education Act 2002 (power of governing body of maintained school to provide community facilities etc.).F14]

(2)In this Act—

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

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

(3) The definition of “pupil” in [F15 subsections (1) and (1A) also apply F15] (unless the context otherwise requires) for the purposes of any instrument made or having effect as if made under the Education Acts.

Definitions used in section 3 4

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
further education

(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 (including vocational, social, physical and recreational training) , and

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

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

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

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

In this Act “the Education Acts” means this Act together with the following Acts—

  • . . .

  • ...

  • the Education Act 1973;

  • the Education Act 1980;

  • the Education (Fees and Awards) Act 1983;

  • the Further Education Act 1985 (except sections 4 and 5);

  • the Education Act 1986;

  • the Education (No. 2) Act 1986;

  • the Education Reform Act 1988;

  • . . .

  • ...

  • the Further and Higher Education Act 1992;

  • the Education Act 1994;

  • . . .

  • ...

  • ...;

  • the Education Act 1997;

  • the Education (Schools) Act 1997;

  • . . .

  • the Teaching and Higher Education Act 1998;

  • the School Standards and Framework Act 1998 (c. 31);

  • the Education Act 2002 (c. 32) .

  • the Higher Education Act 2004 (c. 8)

  • the Education Act 2005 (c. 18)

  • the Education and Inspections Act 2006 (c. 40)

  • the Education and Skills Act 2008 (c. 25)

  • Learner Travel (Wales) Measure 2008 (nawm 2)

  • Healthy Eating in Schools (Wales) Measure 2009 (nawm 3)

  • Academies Act 2010 (c. 32)

  • Education (Wales) Measure 2011

  • Education Act 2011

  • School Standards and Organisation (Wales) Act 2013

  • Children and Families Act 2014, Pt. 3 and s. 100

  • Education (Wales) Act 2014

  • Higher Education (Wales) Act 2015

  • Qualifications Wales Act 2015

  • Additional Learning Needs and Education Tribunal (Wales) Act 2018

  • Curriculum and Assessment (Wales) Act 2021

  • Welsh Language and Education (Wales) Act 2025, Pts. 3, 4

Defined in s.578 · see it in the full Act

Cases considering section 3 5

AA and CC (R on the application of) v SECRETARY OF STATE FOR EDUCATION & Anor

[2022] EWHC 1613 (Admin) · 23 June 2022Defines

Defines a pupil as a person for whom education is provided at a school, supporting the conclusion that being a pupil is an objectively identifiable status. (see paras [82]-[83])

McTier v Secretary of State for Education

[2017] EWHC 212 (Admin) · 16 February 2017Defines

Defines a pupil as a person for whom education is provided at a school, contributing to the unresolved question whether the term extends to other institutions covered by the prohibition scheme. (see paras [58]-[61])

Essex County Council v Williams

[2011] EWCA Civ 1315 · 15 November 2011Defines

The provision is set out to explain the statutory meanings of pupil, junior pupil and senior pupil. It provides context but is not independently construed (see para [18]).

What each judgment says about section 3 is in the case-law panel in the full Act.

Amendments and notes

4 notes from legislation.gov.uk

Amendments

  1. F13Words in s. 3(1) inserted (1.9.1997) by 1997 c. 44, s. 57(1), Sch. 7 para. 9(2); S.I. 1997/1468, art. 2, Sch. 1 Pt. II
  2. F14S. 3(1A) inserted (2.9.2002 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 34(2) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2003/1718, art. 5, Sch. Pt. II
  3. F15Words in s. 3(3) substituted (2.9.2002 for E., 1.9.2003 for W.) by Education Act 2002 (c. 32), s. 216(4), Sch. 21 para. 34(3) (with ss. 210(8), 214(4)); S.I. 2002/2002, art. 4; S.I. 2003/1718, art. 5, Sch. Pt. II

Modifications

  1. C23S. 3: power to modify conferred (temp.) (25.3.2020) by Coronavirus Act 2020 (c. 7), s. 87(1), Sch. 17 para. 5 (with ss. 88-90)