Education Act 1996, section 542

Prescribed standards for school premises

Part X Miscellaneous and general

(1)F1306Regulations shall prescribe the standards to which the premises of schools maintained by [F1local authoritiesF1] . . . 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 [F6local authorityF6] , the authority shall secure that the school premises conform to the prescribed standards.

F1307(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)[F1308 subsection (2) hasF1308] effect subject to section 543.

Definitions used in section 542 5

regulations

“regulations” ... means regulations made by the Secretary of State , except where otherwise stated or where the function of making the regulations has been transferred to the Welsh Ministers in relation to Wales ;

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

“premises”, in relation to a school, includes any detached playing fields but, except where otherwise expressly provided, does not include a teacher’s dwelling-house;

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
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
prescribed

(2) In sections 436C, 436E, 436F, 436I and paragraph 5 of Schedule 31A “prescribed” means—

(a)prescribed by regulations made by the Secretary of State in relation to England, and

(b)prescribed by regulations made by the Welsh Ministers in relation to Wales.

Defined in s.436S(2) · see it in the full Act

“prescribed” (except in Chapter 5A) means prescribed by regulations;

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

Cases considering section 542 3

R (on the application of Lancashire County Council) v Secretary of State for the Environment, Food and Rural Affairs and another

[2019] UKSC 58 · 11 December 2019

The requirement that school premises meet prescribed standards formed part of the educational statutory regime whose operation on the land was incompatible with unrestricted village-green rights (see paras [14]; [65]).

Lancashire County Council, R (on the application of) v Secretary of State for Environment, Food and Rural Affairs & Anor

[2018] EWCA Civ 721 · 12 April 2018Limits

Cites the power to prescribe school-premises standards, including outdoor-space requirements, as part of the general educational regime rather than as a land-specific incompatibility. (see paras [18]; [39]-[42])

Lancashire County Council v The Secretary of State for the Environment, Food and Rural Affairs & Anor

[2016] EWHC 1238 (Admin) · 27 May 2016Limits

Considered in relation to standards for school premises and outdoor space. The provision did not show that registration would prevent the Council from performing its general educational functions on other land or through compatible uses. (see paras [67], [79]-[83])

What each judgment says about section 542 is in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F1306Words in s. 542(1) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 158(a), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
  2. F1Words 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(3) (with Sch. 2 para. 7(4)(5))
  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. F1307S. 542(3) repealed (1.9.1999) by 1998 c. 31, s. 140(1)(3), Sch. 30 para. 158(b), Sch.31 (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1
  5. F1308Words in s. 542(4) substituted (1.9.1999) by 1998 c. 31, s. 140(1), Sch. 30 para. 158(c) (with ss. 138(9), 144(6)); S.I. 1999/2323, art. 2(1), Sch. 1