Education Act 1996, section 463

Alteration to definition of “independent school”

Part VII Independent Schools

(1) In this Act “independent school” means any school at which full-time education is provided for—

(a)five or more pupils of compulsory school age, or

(b)at least one pupil of that age for whom [F988 an EHC plan [F989 is maintained or for whomF989] a statement is maintained under section 324F988] [F989 or an individual development plan is maintainedF989] , or who is looked after by a local authority (within the meaning of section 22 of the Children Act 1989 [F990 or section 74 of the Social Services and Well-being (Wales) Act 2014F990] ),

and which is not a school maintained by a [F6 local authorityF6] [F991 non-maintained special schoolF991] .

(2)For the purposes of subsection (1)(a) and (b) it is immaterial if full-time education is also provided at the school for pupils under or over compulsory school age.F987]

Definitions used in section 463 5

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
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
EHC plan

“EHC plan” means a plan within section 37(2) of the Children and Families Act 2014 ;

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

“individual development plan” means a plan within Part 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018 ;

Defined in s.579(1) · 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

Cases considering section 463 6

Thomas Telford School v Office for Standards in Education, Children's Services and Schools

[2024] EWHC 880 (Admin) · 23 April 2024Defines

Confirms that City Technology Colleges fall within the statutory definition of independent schools. That classification explains why the School is subject to the independent-school standards regime. (see para [42])

Mujanet Daniah & Anor v The Secretary of State for Education

[2025] EWHC 2810 (Admin) · 31 October 2025Defines

Applies the definition of an independent school, including the reference to full-time education for five or more compulsory-school-age pupils, in explaining the convictions. (see para [6])

GH, R (on the application of) v The Mayor of London

[2024] EWHC 1305 (Admin) · 5 June 2024Defines

Defines independent schools as full-time schools for compulsory-school-age pupils which are not maintained by a local authority. (see para [16])

What each judgment says about section 463 is in the case-law panel in the full Act.

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F987S. 463 substituted (1.9.2003 for E., 1.1.2004 for W.) by Education Act 2002 (c. 32), ss. 172, 216(4) (with ss. 210(8), 214(4)); S.I. 2003/1667, art. 4; S.I. 2003/2961, art. 6, Sch. Pt. III
  2. F988Words in s. 463(1)(b) inserted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 43(a); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505) this amendment is subject to savings and/or transitional provisions, see the commentary.
  3. F989Words in s. 463(1)(b) substituted (1.9.2021 for specified purposes, 1.1.2022 for specified purposes, 1.9.2022 for specified purposes, 1.9.2025 for specified purposes) by Additional Learning Needs and Education Tribunal (Wales) Act 2018 (anaw 2), s. 100(3), Sch. 1 para. 4(20); S.I. 2021/373, arts. 3, 4, 6, 7 (as amended by S.I. 2021/938, art. 2); S.I. 2021/1243, art. 3 (with arts. 4-23) (as amended by S.I. 2021/1428, art. 2); S.I. 2021/1244, art. 3 (with arts. 4-21) (as amended by S.I. 2021/1428, art. 3); S.I. 2021/1245, arts. 3, 4 (with art. 1(4)); S.I. 2022/891, art. 3 (with arts. 4-25); S.I. 2022/892, arts. 2, 3 (with arts. 4-18); S.I. 2022/893, arts. 2, 4; S.I. 2022/894, art. 3; S.I. 2022/895, arts. 3, 4; S.I. 2022/896, art. 3 (with arts. 1(7), 4-22); S.I. 2022/897, art. 3 (with arts. 1(8), 4-21); S.I. 2022/898, arts. 2, 3 text substituted for certain specified purposes only, see the commentary. Note: in some cases two versions of the measure may be present: the original version and substituted version.
  4. F990Words in s. 463(1)(b) inserted (6.4.2016) by The Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413), regs. 2(1), 154
  5. 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))
  6. F991Words in s. 463(1) substituted (1.9.2014) by Children and Families Act 2014 (c. 6), s. 139(6), Sch. 3 para. 43(b); S.I. 2014/889, art. 7(a) (with savings and transitional provisions in S.I. 2014/2270 (as amended (1.4.2015) by S.I. 2015/505) this amendment is subject to savings and/or transitional provisions, see the commentary.

Modifications

  1. C159S. 463 savings for effects of 2002 c. 32, s. 172 (W.) (19.11.2003) by The Education Act 2002 (Transitional Provisions and Consequential Amendments) (No.2) (Wales) Regulations 2003 (S.I. 2003/2959), regs. 1(1), 8(3)