Legge 24 luglio 1996

Education Act, 24 luglio 1996. An Act to consolidate the Education Act 1944 and certain other enactments relating to education, with amendments to give effect to recommendations of the Law Commission. [24th July 1996]

BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-

PART I – GENERAL

CHAPTER I

THE STATUTORY SYSTEM OF EDUCATION
General

The stages of education.
1. – (1) The statutory system of public education consists of three progressive stages: primary education,
secondary education and further education.
(2) This Part-
(a) confers functions on the Secretary of State and local education authorities with respect to
primary, secondary and further education; and
(b) provides for functions with respect to primary and secondary education to be conferred on the
funding authorities constituted under Chapter IV.
(3) Part I of the Further and Higher Education Act 1992 confers functions with respect to further education on the further education funding councils established under section 1 of that Act.
(4) Apart from section 10 (general duty of Secretary of State), nothing in this Act confers any functions with respect to higher education.

Definition of primary, secondary and further education.
2. – (1) In this Act “primary education” means –
(a) full-time education suitable to the requirements of junior pupils who have not attained the age of
10 years and six months; and
(b) full-time education suitable to the requirements of junior pupils who have attained that age and
whom it is expedient to educate together with junior pupils within paragraph (a).
(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.
(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,
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), 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.
(7) References in this section to education do not include references to higher education.

Definition of pupil etc.
3. – (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.
(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 subsection (1) also applies (unless the context otherwise requires) for the purposes of any instrument made or having effect as if made under the Education Acts.

Educational institutions

Schools: general.
4. – (1) In this Act “school” means an educational institution which is outside the further education sector
and the higher education sector and is an institution for providing any one or more of the following-
(a) primary education,
(b) education which is secondary education by virtue of section 2(2)(a), or
(c) full-time education suitable to the requirements of persons who are over compulsory school age
but under the age of 19, whether or not the institution also provides part-time education suitable to the requirements of junior pupils, further education or secondary education not within paragraph (b).
(2) For the purposes of this Act an educational institution that would fall within subsection (1) but for the fact that it provides part-time rather than full-time education shall nevertheless be treated as a school if that part-time education is provided under arrangements made under section 19(1) (pupil referral units).
(3) For the purposes of this Act an institution is outside the further education sector if it is not-
(a) an institution conducted by a further education corporation established under section 15 or 16 of
the Further and Higher Education Act 1992, or
(b) a designated institution for the purposes of Part I of that Act (defined in section 28(4) of that Act);
and references to institutions within that sector shall be construed accordingly.
(4) For the purposes of this Act an institution is outside the higher education sector if it is not-
(a) a university receiving financial support under section 65 of that Act,
(b) an institution conducted by a higher education corporation within the meaning of that Act, or
(c) a designated institution for the purposes of Part II of that Act (defined in section 72(3) of that Act);
and references to institutions within that sector shall be construed accordingly.

Primary schools, secondary schools and middle schools.
5. – (1) In this Act “primary school” means (subject to regulations under subsection (4)) a school for
providing primary education, whether or not it also provides part-time education suitable to the requirements of junior pupils or further education.
(2) In this Act “secondary school” means (subject to regulations under subsection (4)) a school for
providing secondary education, whether or not it also provides further education.
(3) In this Act “middle school” means a school in respect of which proposals authorised by section 49,
198(6) or 291 are implemented (that is, a school providing full-time education suitable to the requirements of pupils who have attained a specified age below 10 years and six months and are under a specified age above 12 years).
(4) The Secretary of State shall make regulations for determining, or enabling him to determine, whether a middle school is to be treated for the purposes of this Act and the other enactments relating to education as a primary school or as a secondary school.
(5) The powers conferred by sections 49, 198(6) and 291 and subsection (4) above are exercisable-
(a) notwithstanding anything in this Act (and in particular section 1); but
(b) without prejudice to the exercise of any other power conferred by this Act.

Nursery schools and special schools.
6. – (1) A primary school is a nursery school if it is used mainly for the purpose of providing education for children who have attained the age of two but are under the age of five.
(2) A school is a special school if it is specially organised, and for the time being approved, as mentioned in section 337(1).

Compulsory education

Duty of parents to secure education of children of compulsory school age.
7. The parent of every child of compulsory school age shall cause him to receive efficient full-time
education suitable-
(a) to his age, ability and aptitude, and
(b) to any special educational needs he may have,
either by regular attendance at school or otherwise.

Compulsory school age.
8. – (1) Subsections (2) and (3) apply to determine for the purposes of any enactment whether a person is of compulsory school age.
(2) A person begins to be of compulsory school age when he attains the age of five.
(3) A person ceases to be of compulsory school age at the end of the day which is the school leaving date for any calendar year-
(a) if he attains the age of 16 after that day but before the beginning of the school year next
following,
(b) if he attains that age on that day, or
(c) (unless paragraph (a) applies) if that day is the school leaving date next following his attaining
that age.
(4) The Secretary of State may by order determine the day in any calendar year which is to be the school leaving date for that year.

Education in accordance with parental wishes

Pupils to be educated in accordance with parents’ wishes.
9. In exercising or performing all their respective powers and duties under the Education Acts, the
Secretary of State, local education authorities and the funding authorities shall have regard to the general principle that pupils are to be educated in accordance with the wishes of their parents, so far as that is compatible with the provision of efficient instruction and training and the avoidance of unreasonable public expenditure.

CHAPTER II
FUNCTIONS OF THE SECRETARY OF STATE

(Omissis)

CHAPTER III
LOCAL EDUCATION AUTHORITIES

The authorities

Local education authorities and their areas.
12. – (1) The local education authority for a county in England having a county council is the county
council.
(2) The local education authority for a district in England which is not in a county having a county council is the district council.
(3) The local education authority for a London borough is the borough council.
(4) The local education authority for the City of London (which for the purposes of this Act shall be treated as including the Inner Temple and the Middle Temple) is the Common Council of the City of London (in their capacity as a local authority).
(5) As respects Wales-
(a) the local education authority for a county is the county council; and
(b) the local education authority for a county borough is the county borough council.
(6) Any reference in this Act to the area of a local education authority shall be construed in accordance
with the preceding provisions of this section.

General functions

General responsibility for education.
13. – (1) A local education authority shall (so far as their powers enable them to do so) contribute towards the spiritual, moral, mental and physical development of the community by securing that efficient primary education, secondary education and further education are available to meet the needs of the population of their area.
(2) The duty imposed by subsection (1) does not extend to matters in respect of which any duty is
imposed on-
(a) the further education funding councils established under section 1 of the Further and Higher
Education Act 1992, or
(b) the higher education funding councils established under section 62 of that Act.

(Omissis)

PART V
THE CURRICULUM

CHAPTER I

PRELIMINARY

Meaning of “maintained school” etc. in Part V.
350. – (1) In this Part “maintained school” means-
(a) any county or voluntary school,
(b) except where otherwise stated, any maintained special school which is not established in a
hospital, and
(c) except so far as that expression has effect in relation to a local education authority, any grantmaintained school.
(2) In this Part “assess” includes examine and test, and related expressions shall be construed
accordingly.

General duties in respect of the curriculum.
351. – (1) The curriculum for a school satisfies the requirements of this section if it is a balanced and
broadly based curriculum which-
(a) promotes the spiritual, moral, cultural, mental and physical development of pupils at the school
and of society, and
(b) prepares pupils at the school for the opportunities, responsibilities and experiences of adult life.
(2) The Secretary of State shall exercise his functions with a view to securing that the curriculum for
every maintained school satisfies the requirements of this section.
(3) Every local education authority shall exercise their functions with a view to securing that the curriculum
for every maintained school which they maintain satisfies the requirements of this section.
(4) The governing body and head teacher of every maintained school shall exercise their functions with a view to securing that the curriculum for the school satisfies the requirements of this section.
(5) The functions referred to in subsections (2) to (4) include in particular functions conferred by this Part in relation to religious education, religious worship and the National Curriculum.

Basic curriculum for every maintained school.
352. – (1) The curriculum for every maintained school shall comprise a basic curriculum which includes-
(a) provision for religious education for all registered pupils at the school (in accordance with such of
the provisions of sections 376 to 381 as apply in relation to the school),
(b) a curriculum for all registered pupils at the school of compulsory school age (known as “the
National Curriculum”) which meets the requirements of section 353,
(c) in the case of a secondary school, provision for sex education for all registered pupils at the
school, and
(d) in the case of a special school, provision for sex education for all registered pupils at the school
who are provided with secondary education.
(2) Subsection (1)(a) does not apply in the case of a maintained special school (provision as to religious
education in special schools being made by regulations under section 342(6)).
(3) In this Act “sex education” includes education about(
a) Acquired Immune Deficiency Syndrome and Human Immunodeficiency Virus, and
(b) any other sexually transmitted disease.

(Omissis)

CHAPTER III
RELIGIOUS EDUCATION AND WORSHIP

Agreed syllabuses

Agreed syllabuses of religious education.
375. – (1) Subject to the provisions of Schedule 31, any agreed syllabus in force immediately before the
commencement of this Act shall continue to have effect.
(2) In this Act “agreed syllabus” means a syllabus of religious education-
(a) prepared before the commencement of this Act in accordance with Schedule 5 to the Education
Act 1944 or after commencement in accordance with Schedule 31, and
(b) adopted by a local education authority under that Schedule,
whether it is for use in all the schools maintained by them or for use in particular such schools or in relation
to any particular class or description of pupils in such schools.
(3) Every agreed syllabus shall reflect the fact that the religious traditions in Great Britain are in the main Christian whilst taking account of the teaching and practices of the other principal religions represented in Great Britain.
(4) Any reference in this Act to an agreed syllabus adopted by a local education authority includes a
reference to an agreed syllabus deemed to be adopted by such an authority by virtue of paragraph 11 of
Schedule 5 to the Education Act 1944 or paragraph 14 of Schedule 31; and accordingly, in relation to an agreed syllabus deemed to be so adopted, any reference to the date on which an agreed syllabus was
adopted is a reference to the date of deemed adoption specified by the Secretary of State in a direction
under that paragraph.
(5) Subsection (3) does not apply to any agreed syllabus adopted before 29th September 1988.

Required provision for religious education

Religious education: county schools.
376. – (1) In the case of a county school, the provision for religious education for pupils at the school which is required by section 352(1)(a) to be included in the school’s basic curriculum is provision for religious
education in accordance with an agreed syllabus adopted for the school or for those pupils.
(2) No agreed syllabus shall provide for religious education to be given to pupils at a county school by
means of any catechism or formulary which is distinctive of a particular religious denomination (but this is not to be taken as prohibiting provision in such a syllabus for the study of such catechisms or formularies).
(3) If, in the case of a county secondary school so situated that arrangements cannot conveniently be
made for the withdrawal of pupils from it in accordance with section 389 to receive religious education
elsewhere, the local education authority are satisfied-
(a) that the parents of any pupils at the school desire them to receive religious education in the
school in accordance with the tenets of a particular religion or religious denomination, and
(b) that satisfactory arrangements have been made for the provision of such education to those
pupils in the school, and for securing that the cost of providing such education to those pupils in the
school will not fall upon the authority, the authority shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) provide facilities for the carrying out of those arrangements.

Religious education: controlled schools.
377. – (1) In the case of a controlled school, the provision for religious education for pupils at the school which is required by section 352(1)(a) to be included in the school’s basic curriculum shall be provision for religious education-
(a) in accordance with any arrangements made under subsection (2), or
(b) subject to any such arrangements, in accordance with an agreed syllabus adopted for the school
or for those pupils.
(2) Where the parents of any pupils at a controlled school request that they may receive religious
education-
(a) in accordance with any provisions of the trust deed relating to the school, or
(b) where provision for that purpose is not made by such a deed, in accordance with the practice
observed in the school before it became a controlled school,
the foundation governors shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) make arrangements for securing that such religious education is given to those pupils in the school during not more than two periods in each week.

Religious education: aided and special agreement schools.
378. – (1) In the case of an aided or special agreement school, the provision for religious education for
pupils at the school which is required by section 352(1)(a) to be included in the school’s basic curriculum is provision for religious education-
(a) in accordance with any provisions of the trust deed relating to the school, or
(b) where provision for that purpose is not made by such a deed, in accordance with the practice
observed in the school before it became a voluntary school, or
(c) in accordance with any arrangements made under subsection (2).
(2) Where the parents of any pupils at an aided or special agreement school-
(a) desire them to receive religious education in accordance with any agreed syllabus adopted by the
local education authority, and
(b) cannot with reasonable convenience cause those pupils to attend a school at which that syllabus
is in use, arrangements shall be made (unless the authority are satisfied that because of any special circumstances it would be unreasonable to do so) for religious education in accordance with that syllabus to be given to those pupils in the school.
(3) Religious education under any such arrangements shall be given during the times set apart for the
giving of religious education in the school in accordance with the provision for that purpose included in the school’s basic curriculum by virtue of section 352(1)(a).
(4) Any arrangements under subsection (2) shall be made by the governing body, unless the local
education authority are satisfied that the governing body are unwilling to make them, in which case they shall be made by the authority.
(5) Subject to subsection (4), the religious education given to pupils at an aided or special agreement
school shall be under the control of the governing body.

Religious education: grant-maintained schools (former county schools and certain new schools).
379. – (1) Subject to section 383, this section applies in relation to a grant-maintained school if-
(a) it was a county school immediately before it became grant-maintained,
(b) it was established in pursuance of proposals published under section 211, or
(c) it was established in pursuance of proposals published under section 212 and neither any trust
deed relating to the school nor the statement required by paragraph 8 of Schedule 20 makes
provision as to the religious education for pupils at the school.
(2) The provision for religious education for pupils at the school which is required by section 352(1)(a) to be included in the school’s basic curriculum is provision for religious education in accordance with the appropriate agreed syllabus.
(3) That syllabus shall not provide for religious education to be given to pupils at the school by means of any catechism or formulary which is distinctive of a particular religious denomination (but this is not to be taken as prohibiting provision in the syllabus for the study of such catechisms or formularies).
(4) If, in the case of a secondary school so situated that arrangements cannot conveniently be made for
the withdrawal of pupils from it in accordance with section 389 to receive religious education elsewhere, the governing body are satisfied-
(a) that the parents of any pupils at the school desire them to receive religious education in the
school in accordance with the tenets of a particular religion or religious denomination, and
(b) that satisfactory arrangements have been made for the provision of such education to those
pupils in the school, and for securing that the cost of providing such education to those pupils in the
school will not fall upon the governing body,
the governing body shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) provide facilities for the carrying out of those arrangements.

Religious education: grant-maintained schools (former controlled schools).
380. – (1) Subject to section 383, this section applies in relation to a grant-maintained school which was a controlled school immediately before it became grant-maintained.
(2) The provision for religious education for pupils at the school which is required by section 352(1)(a) to be included in the school’s basic curriculum is provision for religious education-
(a) in accordance with any arrangements made under subsection (3), or
(b) subject to any such arrangements, in accordance with the appropriate agreed syllabus.
(3) Where the parents of any pupils at the school have requested (whether before or after the school
became grant-maintained) that the pupils may receive religious education-
(a) in accordance with any provisions of the trust deed relating to the school, or
(b) where provision for that purpose is not made by such a deed, in accordance with the practice
observed in the school before it became a grant-maintained school, the foundation governors shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) make arrangements for securing that such religious education is given to those pupils in the school during not more than two periods in each week.

Religious education: grant-maintained schools (former aided or special agreement schools and certain new schools).
381. – (1) Subject to section 383, this section applies in relation to a grant-maintained school if-
(a) it was an aided or special agreement school immediately before it became grant-maintained, or
(b) it was established in pursuance of proposals published under section 212 and either any trust
deed relating to the school or the statement required by paragraph 8 of Schedule 20 makes
provision as to the religious education for pupils at the school.
(2) The provision for religious education for pupils at the school which is required by section 352(1)(a) to be included in the school’s basic curriculum is provision for religious education-
(a) in accordance with any provisions of any trust deed relating to the school, or
(b) where provision for that purpose is not made by such a deed, in accordance with-
(i) the practice observed in the school before it became a grant-maintained school, if it is a
former aided or special agreement school, or
(ii) the statement required by paragraph 8 of Schedule 20, if it is a school established in
pursuance of proposals published under section 212, or
(c) in accordance with any arrangements made under subsection (3).
(3) Where the parents of any pupils at the school-
(a) desire them to receive religious education in accordance with any agreed syllabus adopted by the
local education authority for the area in which the school is situated for use in schools maintained by
the authority, and
(b) cannot with reasonable convenience cause those pupils to attend a school at which that syllabus
is in use, the governing body shall (unless they are satisfied that because of any special circumstances it would be unreasonable to do so) make arrangements for religious education in accordance with that syllabus to be given to those pupils in the school.
(4) Religious education under any such arrangements shall be given during the times set apart for the
giving of religious education in the school in accordance with the provision for that purpose included in the school’s basic curriculum by virtue of section 352(1)(a).
(5) The head teacher of a school to which this section applies shall give notice in writing of any agreed
syllabus which is in use at the school in accordance with subsection (3) to the standing advisory council on religious education constituted by the local education authority in whose area the school is situated.

Meaning of “the appropriate agreed syllabus” in sections 379 and 380.
382. – (1) For the purposes of sections 379(2) and 380(2) “the appropriate agreed syllabus”, in relation to a grant-maintained school or to any pupils at it, is-
(a) the agreed syllabus adopted for the time being by the local education authority for the area in
which the school is situated for use in the schools maintained by the authority;
(b) if there is more than one such syllabus, such one of them as the governing body shall determine;
or
(c) if the governing body select for the school or those pupils an agreed syllabus which-
(i) was adopted on or after 29th September 1988 by a local education authority other than
the authority in whose area the school is situated, and
(ii) has not been replaced by a new agreed syllabus,
that syllabus.
(2) In relation to a school in Wales, in subsection (1)(c) “local education authority” means a local education authority in Wales.

Changes in religious education and worship.
383. – (1) Subsection (2) applies where, in the case of a grant-maintained school in relation to which
section 379 or 380 for the time being applies, proposals that the required provision for religious education should be provision for religious education in accordance with the tenets of a particular religion or religious denomination are approved under section 261.
(2) From the time at which the proposals fall to be implemented-
(a) the required provision for religious education shall (subject to subsection (3)) be provision for
religious education either in accordance with the tenets of that religion or religious denomination or in
accordance with any arrangements made under section 381(3) (as applied by paragraph (b)),
(b) section 381(3) to (5) shall apply in relation to the school, and
(c) any provisions of section 379, 380, 385(4), 386 or 387 which apply in relation to the school shall
cease to apply in relation to it.
(3) Where, in the case of any grant-maintained school, proposals that the required provision for religious education should be provision for religious education otherwise than in accordance with the tenets of a particular religion or religious denomination are approved under section 261-
(a) sections 379 and 386 shall apply in relation to the school from the time at which the proposals fall
to be implemented, and
(b) any provisions of section 380 or 381 which apply in relation to the school shall cease to apply in
relation to it from that time.
(4) In this section “the required provision for religious education”, in relation to a school, means the
provision for religious education for pupils at the school which is required by section 352(1)(a) to be included in the school’s basic curriculum.
Duty to secure religious education is given in accordance with required provision in curriculum.
384. Subject to section 389, in relation to any maintained school (other than a maintained special school)-
(a) the local education authority and the governing body shall exercise their functions with a view to
securing, and
(b) the head teacher shall secure, that religious education is given in accordance with the provision for such education included in the school’s basic curriculum by virtue of section 352(1)(a).

Religious worship

Collective worship.
385. – (1) Subject to section 389, all pupils in attendance at a maintained school other than a maintained
special school shall on each school day take part in an act of collective worship.
(2) The arrangements for the collective worship in a school required by this section may, in respect of
each school day, provide for a single act of worship for all pupils or for separate acts of worship for pupils in different age groups or in different school groups.
(3) For the purposes of subsection (2) a “school group” is any group in which pupils are taught or take part in other school activities.
(4) Subject to subsection (6), the arrangements for the collective worship required by this section shall be made-
(a) in the case of a county school or a grant-maintained school in relation to which section 379
applies, by the head teacher after consultation with the governing body; and
(b) in the case of a voluntary school or a grant-maintained school other than one in relation to which
section 379 applies, by the governing body after consultation with the head teacher.
(5) Subject to subsection (6), the collective worship in a school required by this section shall take place on the school premises.
(6) If the governing body of an aided, special agreement or grant-maintained school are of the opinion that it is desirable that any act of collective worship in the school required by this section should, on a special occasion, take place elsewhere than on the school premises, they may, after consultation with the head teacher, make such arrangements for that purpose as they think appropriate.
(7) The powers of a governing body under subsection (6) shall not be exercised so as to derogate from
the rule that the collective worship in the school required by this section must normally take place on the school premises.

Collective worship in county schools and certain grant-maintained schools to be broadly Christian.
386. – (1) Subsections (2) to (6) apply-
(a) (subject to section 387) in relation to a county school, and
(b) (subject to sections 383 and 387) in relation to a grant-maintained school in relation to which
section 379 applies,
(2) The collective worship required in the school by section 385 shall be wholly or mainly of a broadly
Christian character.
(3) For the purposes of subsection (2), collective worship is of a broadly Christian character if it reflects the broad traditions of Christian belief without being distinctive of any particular Christian denomination.
(4) Not every act of collective worship in the school required by section 385 need comply with subsection
(2) provided that, taking any school term as a whole, most such acts which take place in the school do
comply with that subsection.
(5) Subject to subsections (2) and (4)-
(a) the extent to which (if at all) any acts of collective worship required by section 385 which do not
comply with subsection (2) take place in the school,
(b) the extent to which any act of collective worship in the school which complies with subsection (2)
reflects the broad traditions of Christian belief, and
(c) the ways in which those traditions are reflected in any such act of collective worship, shall be such as may be appropriate having regard to any relevant considerations relating to the pupils
concerned which fall to be taken into account in accordance with subsection (6).
(6) Those considerations are-
(a) any circumstances relating to the family backgrounds of the pupils which are relevant for
determining the character of the collective worship which is appropriate in their case, and
(b) their ages and aptitudes.
(7) In subsections (2) to (6) as they apply in relation to a grant-maintained school, references to acts of
collective worship in the school include such acts which by virtue of section 385(6) take place otherwise than on the school premises.

Disapplication of requirement for Christian collective worship.
387. – (1) Subsection (2) applies where-
(a) a standing advisory council on religious education determine (under section 394) that it is not
appropriate for the requirement imposed by section 386(2) to apply in the case of a school or in the
case of any class or description of pupils at a school, or
(b) such a council had so determined in the case of a grant-maintained school, or pupils at such a
school, before the school became grant-maintained.
(2) While the determination has effect-
(a) section 386 shall not apply in relation to the school or (as the case may be) pupils in question,
and
(b) the collective worship required by section 385 in the case of the school or pupils shall not be
distinctive of any particular Christian or other religious denomination;
but paragraph (b) shall not be taken as preventing that worship from being distinctive of any particular faith.
(3) In this section references to a school are references to a county school or to a grant-maintained school in relation to which section 379 applies.

Duty to secure participation in collective worship.
388. Subject to section 389, in relation to any maintained school (other than a maintained special school)-
(a) the local education authority and the governing body shall exercise their functions with a view to
securing, and
(b) the head teacher shall secure, that all pupils in attendance at the school take part in the daily collective worship required by section 385.

Exceptions and special arrangements

Exceptions and special arrangements.
389. – (1) If the parent of a pupil at a maintained school requests that he may be wholly or partly excused-
(a) from receiving religious education given in the school in accordance with the school’s basic
curriculum,
(b) from attendance at religious worship in the school, or
(c) both from receiving such education and from such attendance,
the pupil shall be so excused until the request is withdrawn.
(2) In subsection (1)-
(a) the reference to religious education given in accordance with the school’s basic curriculum is to
such education given in accordance with the provision included in the school’s basic curriculum by
virtue of section 352(1)(a), and
(b) the reference to religious worship in the school includes religious worship which by virtue of
section 385(6) takes place otherwise than on the school premises.
(3) Where in accordance with subsection (1) a pupil has been wholly or partly excused from receiving
religious education or from attendance at religious worship and the responsible authority are satisfied-
(a) that the parent of the pupil desires him to receive religious education of a kind which is not
provided in the school during the periods of time during which he is so excused,
(b) that the pupil cannot with reasonable convenience be sent to another maintained school where
religious education of the kind desired by the parent is provided, and
(c) that arrangements have been made for him to receive religious education of that kind during
school hours elsewhere,
the pupil may be withdrawn from the school during such periods of time as are reasonably necessary for the purpose of enabling him to receive religious education in accordance with the arrangements.
(4) A pupil may not be withdrawn from school under subsection (3) unless the responsible authority are
satisfied that the arrangements there mentioned are such as will not interfere with the attendance of the pupil at school on any day except at the beginning or end of a school session (or, if there is only one, the school session) on that day.
(5) Where the parent of a pupil who is a boarder at a maintained school requests that the pupil be
permitted-
(a) to receive religious education in accordance with the tenets of a particular religion or religious
denomination outside school hours, or
(b) to attend worship in accordance with such tenets on Sundays or other days exclusively set apart
for religious observance by the religious body to which his parent belongs,
the governing body shall make arrangements for giving the pupil reasonable opportunities for doing so.
(6) Arrangements under subsection (5) may provide for making facilities for such education or worship
available on the school premises, but the arrangements shall not entail expenditure by the responsible
authority.
(7) In this section-
“maintained school” does not include a maintained special school, and
“the responsible authority”, in relation to a county or voluntary school, means the local education
authority, and, in relation to a grant-maintained school, means the governing body.

Constitution of standing advisory councils on religious education

Constitution of advisory councils.
390. – (1) A local education authority shall constitute a standing advisory council on religious education for the purposes mentioned in section 391(1).
(2) The council shall consist of-
(a) such groups of persons appointed by the authority as representative members (“representative
groups”) as are required by subsection (4), and
(b) a person appointed as a member by the governing bodies of the grant-maintained schools within
the area of the authority in relation to which section 379 or 380 applies.
(3) The council may also include co-opted members (that is, persons co-opted as members of the council by members of the council who have not themselves been so co-opted).
(4) The representative groups required by this subsection are-
(a) a group of persons to represent such Christian denominations and other religions and
denominations of such religions as, in the opinion of the authority, will appropriately reflect the
principal religious traditions in the area;
(b) except in the case of an area in Wales, a group of persons to represent the Church of England;
(c) a group of persons to represent such associations representing teachers as, in the opinion of the
authority, ought to be represented, having regard to the circumstances of the area; and
(d) a group of persons to represent the authority.
(5) Where a representative group is required by subsection (4)(b), the representative group required by
subsection (4)(a) shall not include persons appointed to represent the Church of England.
(6) The number of representative members appointed to any representative group under subsection (4)(a) to represent each denomination or religion required to be represented shall, so far as consistent with the efficient discharge of the group’s functions, reflect broadly the proportionate strength of that denomination or religion in the area.
(7) On any question to be decided by the council only the representative groups on the council shall be
entitled to vote, and each representative group shall have a single vote.

Functions of advisory councils.
391. – (1) The purposes referred to in section 390(1) are-
(a) to advise the local education authority upon such matters connected with religious worship in
county schools and the religious education to be given in accordance with an agreed syllabus as the
authority may refer to the council or as the council may see fit, and
(b) to carry out the functions conferred on them by section 394.
(2) The matters referred to in subsection (1)(a) include, in particular, methods of teaching, the choice of
materials and the provision of training for teachers.
(3) The representative groups on the council required by section 390(4), other than the group consisting of persons appointed to represent the authority, may at any time require a review of any agreed syllabus for the time being adopted by the authority.
(4) Each representative group concerned shall have a single vote on the question of whether to require
such a review.
(5) Paragraph 3 of Schedule 31 has effect to require the authority, on receiving written notification of any
such requirement, to cause a conference constituted in accordance with that Schedule to be convened for the purpose of reconsidering any agreed syllabus to which the requirement relates.
(6) The council shall in each year publish a report as to the exercise of their functions and any action
taken by representative groups on the council under subsection (3) during the last preceding year.
(7) The council’s report shall in particular –
(a) specify any matters in respect of which the council have given advice to the authority,
(b) broadly describe the nature of the advice given, and
(c) where any such matter was not referred to the council by the authority, give the council’s reasons
for offering advice on that matter.
(8) The council shall send to the head teacher of any grant-maintained school to which section 379 applies and which is in the area of the authority a copy of advice which they give to the authority upon matters connected with religious worship.
(9) The council shall send a copy of advice which they give to the authority on the religious education to be given in accordance with an agreed syllabus to the head teacher of any grant-maintained school which is in the area of the authority and which-
(a) is required, by virtue of section 379 or 381, to provide religious education in accordance with an
agreed syllabus, or
(b) was a controlled school immediately before it became grant-maintained.
(10) The council shall send a copy of each report published by them under subsection (6)-
(a) in the case of a council for an area in England, to the School Curriculum and Assessment
Authority, and
(b) in the case of a council for an area in Wales, to the Curriculum and Assessment Authority for
Wales.

Advisory councils: supplementary provisions.
392. – (1) In this section “the council” means the standing advisory council on religious education
constituted by a local education authority under section 390.
(2) Before appointing a person to represent any religion, denomination or associations as a member of the council, the authority shall take all reasonable steps to assure themselves that he is representative of the religion, denomination or associations in question.
(3) A member of the council who was appointed by the authority may be removed from membership by the authority if, in their opinion, he ceases to be representative of the religion, denomination or associations which he was appointed to represent or (as the case may be) he ceases to be representative of the authority.
(4) A member of the council required by section 390(2)(b) may at any time be removed from membership by the governing body or (as the case may be) by the governing bodies of the grant-maintained school or schools concerned.
(5) A person co-opted as a member of the council shall hold office on such terms as may be determined
by the members co-opting him.
(6) A member of the council may at any time resign his office.
(7) Subject to section 390(7), the council and, in relation to any question falling to be decided by members of the council of any particular category, the members of that category, may regulate their own proceedings.
(8) The validity of proceedings of the council or of the members of the council of any particular category shall not be affected-
(a) by a vacancy in the office of any member of the council required by section 390(2), or
(b) on the ground that a member of the council appointed to represent any religion, denomination or
associations does not at the time of the proceedings represent the religion, denomination or
associations in question.
Duty to constitute new standing advisory council.
393. – (1) This section has effect in respect of the area of a local education authority if an order under
section 27(1)(b) (allocation to funding authority of responsibility for providing school places) applies to the
area.
(2) Within six months of the date of the first such order the local education authority shall constitute a
new standing advisory council on religious education under section 390.
(3) For the purposes of the constitution required by subsection (2) (and of any subsequent constitution)-
(a) section 390 shall have effect as if-
(i) subsection (2)(b) were omitted, and
(ii) subsection (4) required the appointment of a representative group, in addition to those
listed in paragraphs (a) to (d) of that subsection, comprising persons representing relevant
grant-maintained schools, and
(b) section 391 shall have effect as if, in subsection (3), for “the group consisting of persons
appointed to represent the authority” there were substituted “the groups consisting of persons
appointed to represent the authority or relevant grant-maintained schools”.
(4) For this purpose “relevant grant-maintained schools” means the grant-maintained schools within the
area of the local education authority in relation to which section 379 or 380 applies.
(5) Before appointing a person to represent relevant grant-maintained schools in accordance with
subsection (3) the local education authority shall take all reasonable steps to assure themselves that he is acceptable as such to the governing bodies of the majority of such schools; but the validity of the council’s proceedings shall not be affected because the person was not so acceptable unless it is shown that the local education authority failed to take such steps.
(6) A person appointed to represent relevant grant-maintained schools in accordance with subsection (3) may be removed from membership of the council if in the opinion of the local education authority he ceases to be acceptable as such to the governing bodies of the majority of such schools.

Determinations by standing advisory councils

Determination of cases in which requirement for Christian collective worship is not to apply.
394. – (1) The council constituted by a local education authority under section 390 shall, on an application
made by the head teacher of-
(a) any county school maintained by the authority, or
(b) any grant-maintained school which is in the authority’s area and in relation to which section 379
applies, consider whether it is appropriate for the requirement imposed by section 386(2) to apply in the case of the school or in the case of any class or description of pupils at the school.
(2) In determining whether it is appropriate for that requirement to apply as mentioned in subsection (1), the council shall have regard to any circumstances relating to the family backgrounds of the pupils at the school, or of the pupils of the particular class or description in question, which are relevant for determining the character of the collective worship appropriate in their case.
(3) The council shall give the head teacher written notification of their decision on the application.
(4) Where the council determine that it is not appropriate for the requirement to apply as mentioned in
subsection (1), the determination shall take effect for the purposes of section 387 on such date as may be specified in the notification of the council’s decision under subsection (3).
(5) Before making an application under subsection (1), the head teacher of a school shall consult the
governing body.
(6) On being consulted by the head teacher, the governing body may if they think fit take such steps as
they consider appropriate for consulting all persons appearing to them to be parents of registered pupils at the school.
(7) An application under subsection (1) shall be made in such manner and form as the council may
require.
(8) Where an application is made under subsection (1)(a) in respect of a school which becomes a grantmaintained school before the application is determined, it shall, unless withdrawn by the head teacher, continue as if made under subsection (1)(b).

Review of determinations under section 394.
395. – (1) Any determination by a council under section 394 by virtue of which the requirement imposed by section 386(2) does not for the time being apply in the case of a school or a class or description of pupils at a school shall be reviewed by the council-
(a) at any time on an application made by the head teacher, and
(b) in any event not later than the end of the period of five years beginning with the date on which the
determination first took effect or (where it has since been reviewed under this section) with the
effective date of the decision on the last review.
(2) On any review under subsection (1)(b) the council shall give the head teacher an opportunity of making representations as to the determination under review.
(3) On a review under this section, the council may-
(a) confirm the determination, with or without variation, or
(b) revoke it (without prejudice to any further determination under section 394).
(4) The council shall give the head teacher written notification of their decision, specifying the effective date of that decision for the purposes of subsection (1)(b).
(5) Any determination which is required to be reviewed under subsection (1)(b) shall cease to have effect, if not confirmed on such a review, at the end of the period there mentioned.
(6) The head teacher of a school shall consult the governing body before making an application under
subsection (1)(a) or any representations under subsection (2).
(7) On being consulted by the head teacher, the governing body may if they think fit take such steps as
they consider appropriate for consulting all persons appearing to them to be parents of registered pupils at the school.
(8) An application under subsection (1)(a) shall be made in such manner and form as the council may
require.

Power of Secretary of State to direct advisory council to revoke determination or discharge duty.
396. – (1) Where the Secretary of State is satisfied, either on complaint by any person or otherwise, that
any standing advisory council on religious education constituted by a local education authority under section 390-
(a) have acted, or are proposing to act, unreasonably in determining for the purposes of section 394
or 395 whether it is appropriate for the requirement imposed by section 386(2) to apply in the case of
any school or any class or description of pupils at a school, or
(b) have failed to discharge any duty imposed under section 394 or 395,
he may give the council such directions as to the revocation of the determination, or the withdrawal of the proposed determination or (as the case may be) the discharge of the duty as appear to him to be expedient; and the council shall comply with the directions.
(2) Directions under subsection (1) may provide for the making by the council of a new determination to take effect in place of the determination or proposed determination to be revoked or withdrawn by them.

Access to meetings and documents

Religious education: access to meetings and documents.
397. – (1) This section applies to-
(a) any conference convened under any of paragraphs 1 to 3 of Schedule 31, and
(b) any standing advisory council on religious education constituted under section 390.
(2) Regulations may make provision-
(a) for meetings of conferences or councils to be, subject to prescribed exceptions, open to members
of the public,
(b) requiring conferences or councils to give notice, in such manner as may be prescribed, of the
time and place of such meetings, and
(c) requiring conferences or councils, at such time or times as may be prescribed-
(i) to make available for inspection, or
(ii) to provide on payment of such fee as they think fit (not exceeding the cost of supply),
copies of the agendas and reports for such meetings to members of the public.
(3) Regulations made under subsection (2) may apply to-
(a) committees appointed by local education authorities under paragraph 4 of Schedule 31,
(b) sub-committees appointed by conferences under that Schedule, and
(c) representative groups on councils appointed under section 390(4), as they apply to conferences and councils.

Miscellaneous

No requirement of attendance at Sunday school etc.
398. It shall not be required, as a condition of-
(a) a pupil attending a maintained school, or
(b) a person attending such a school to receive further education or teacher training,
that he must attend or abstain from attending a Sunday school or a place of religious worship.
Determination of question whether religious education in accordance with trust deed.
399. Where any trust deed relating to a voluntary or grant-maintained school makes provision whereby a bishop or any other ecclesiastical or denominational authority has power to decide whether the religious education given in the school which purports to be in accordance with the provisions of the trust deed does or does not accord with those provisions, that question shall be determined in accordance with the provisions of the trust deed.

PART VII
INDEPENDENT SCHOOLS

CHAPTER I
PRELIMINARY

Meaning of “independent school”.
463. In this Act “independent school” means any school at which full-time education is provided for five or more pupils of compulsory school age (whether or not such education is also provided at it for pupils under or over that age) and which is not-
(a) a school maintained by a local education authority,
(b) a special school not so maintained, or
(c) a grant-maintained school.

CHAPTER II
REGISTRATION OF INDEPENDENT SCHOOLS

Registration

Separate registration for England and for Wales.
464. – (1) A register of all independent schools in England shall be kept by an officer of the Secretary of State who is appointed by the Secretary of State to be Registrar of Independent Schools for England.
(2) A register of all independent schools in Wales shall be kept by an officer of the Secretary of State who is appointed by the Secretary of State to be Registrar of Independent Schools for Wales.
(3) Each register shall be open to public inspection at all reasonable times.
(4) In this Part “the Registrar of Independent Schools” (or “the Registrar”) means-
(a) in relation to a school in England, the Registrar of Independent Schools for England, and
(b) in relation to a school in Wales, the Registrar of Independent Schools for Wales,
and references, in relation to a school, to the register or to registration are to the register kept by the relevant Registrar or to registration in that register.

Provisional and final registration of a school.
465. – (1) Subject to subsection (2), the Registrar of Independent Schools shall enter in the register the
name of any independent school whose proprietora)
makes an application for registration in such manner as may be prescribed, and
(b) provides such particulars as may be prescribed.
(2) A school shall not be registered if-
(a) by virtue of an order made under section 470 or 471, the proprietor is disqualified from being the
proprietor of an independent school or the school premises are disqualified from being used as a
school, or
(b) the school premises are used or proposed to be used for any purpose for which they are
disqualified by virtue of such an order.
(3) The registration of a school shall initially be provisional only, and shall remain so until such time as the Secretary of State, after the school has been inspected on his behalf under Part I of the School Inspections Act 1996, gives notice to the proprietor that the registration is final.
(4) In this Part-
“provisionally registered school” means an independent school whose registration is provisional
only, and “registered school” means an independent school whose registration is final.
(5) In this section “proprietor”, in relation to a school, includes any person or body of persons proposing to be the proprietor.

Enforcement of registration: offences.
466. – (1) Subject to subsection (2), a person is guilty of an offence if he conducts an independent school which is not a registered school or a provisionally registered school.
(2) A person is not guilty of an offence under subsection (1) by reason of conducting a school at any time within the period of one month from the date on which it was first conducted (whether by that person or another) if an application for the registration of the school has been duly made under section 465 within that period.
(3) The proprietor of an independent school is guilty of an offence if, while it is a provisionally registered
school, he does any act calculated to lead to the belief that it is a registered school.

Provision of information about registered and provisionally registered schools.
467. – (1) Regulations may make provision for requiring the proprietor of a registered or provisionally
registered school to provide the Registrar of Independent Schools from time to time with such particulars relating to the school as may be prescribed.
(2) Regulations made under this section may in particular require the proprietor of a school to furnish the Registrar with such information as is required by the local authority for the purpose of determining whether the school is a children’s home (within the meaning of the Children Act 1989).
(3) Regulations may make provision for enabling the Secretary of State to order the deletion from the
register of the name of any school in respect of which any requirement imposed by or under regulations
made under this section is not complied with.
(4) Subsection (9) of section 537 (general power of Secretary of State to require information from
governing bodies etc.) confers power on the Secretary of State to make similar provision in relation to non-compliance with any requirement imposed by or under regulations under that section.
School may be struck off for contravention of regulations about employment of teachers.
468. Where the Secretary of State is satisfied that a person whose employment is prohibited or restricted by virtue of regulations under section 218(6) of the Education Reform Act 1988 (employment prohibited or restricted on medical grounds or for misconduct etc.)-
(a) is employed in a registered or provisionally registered school in contravention of those
regulations, or
(b) is the proprietor of such a school, he may order that the school be struck off the register or (as the case may be) that the Registrar is not to register the school.

Complaints about registered and provisionally registered schools

Notice of complaint by Secretary of State.
469. – (1) This section applies where the Secretary of State is satisfied that one or more of the following
grounds of complaint apply in relation to a registered or provisionally registered school-
(a) the school premises or any parts of them are unsuitable for a school;
(b) the accommodation provided at the school premises is inadequate or unsuitable having regard to
the number, ages, and sex of the pupils attending the school;
(c) efficient and suitable instruction is not being provided at the school having regard to the ages and
sex of the pupils attending it;
(d) the proprietor of the school or any teacher or other employee employed in the school is not a
proper person to be the proprietor of an independent school or (as the case may be) to be a teacher
or other employee in any school;
(e) there has been a failure, in relation to a child provided with accommodation by the school, to
comply with the duty imposed by section 87 of the Children Act 1989 (welfare of children
accommodated in independent schools).
(2) The Secretary of State shall serve on the proprietor of the school a notice of complaint stating the
grounds of complaint which apply together with full particulars of the matters complained of.
(3) Unless any of those matters are stated in the notice to be in the opinion of the Secretary of State
irremediable, the notice shall specify-
(a) the measures necessary in the opinion of the Secretary of State to remedy those matters, and
(b) the time, not being less than six months after the service of the notice, within which those
measures are required to be taken.
(4) If it is alleged by the notice that a person employed as a teacher or other employee at the school is not a proper person to be a teacher or other employee in any school-
(a) that person shall be named in the notice,
(b) the particulars given in the notice shall specify the grounds of the allegation, and
(c) a copy of the notice shall be served on him.
(5) Any notice of complaint, or copy of a notice of complaint, served under this section shall limit the time, not being less than one month after the service of the notice or copy, within which the complaint may be referred to an Independent Schools Tribunal under section 470.
(6) In this section and sections 470 to 473 “employee” means a person employed in work which brings him regularly into contact with persons who have not attained the age of 19.

Determination of complaint by an Independent Schools Tribunal.
470. – (1) Any person on whom a notice of complaint or copy of a notice of complaint is served under
section 469 may, within the time limited by the notice or copy, appeal against the notice by referring the complaint to an Independent Schools Tribunal.
(2) On the complaint being so referred, the tribunal, after giving all parties concerned an opportunity of
being heard and after considering such evidence as may be tendered by them or on their behalf, may-
(a) order that the complaint be annulled;
(b) order that the school to which the complaint relates be struck off the register;
(c) order that the school be so struck off unless the requirements of the notice (subject to such
modifications, if any, as may be specified in the order) are complied with to the satisfaction of the
Secretary of State before the expiry of such time as may be specified in the order;
(d) if satisfied-
(i) that any premises alleged by the notice to be unsuitable for use as a school are in fact
unsuitable for such use, or
(ii) that any part of such premises is in fact unsuitable for such use,
by order disqualify the premises, or that part, from being so used;
(e) if satisfied that the accommodation provided at the school premises is inadequate or unsuitable
having regard to the number, ages and sex of the pupils attending the school, by order disqualify the
premises from being used as a school for pupils exceeding such number or of such age or sex as
may be specified in the order;
(f) if satisfied that any person alleged by the notice of complaint to be a person who is not proper to
be the proprietor of an independent school or to be a teacher or other employee in any school is in
fact such a person, by order disqualify that person from being the proprietor of any independent
school or (as the case may be) from being a teacher or other employee in any school.

Determination of complaint by Secretary of State.
471. – (1) Where-
(a) a notice of complaint has been served on the proprietor of a school under section 469, and
(b) the complaint is not referred by him to an Independent Schools Tribunal under section 470 within
the time limited by the notice,
the Secretary of State may (subject to subsection (2)) make any order which such a tribunal would have had power to make if the complaint had been so referred.
(2) If-
(a) it is alleged by the notice that a person employed as a teacher or other employee at the school is
not a proper person to be a teacher or other employee in any school, and
(b) that person has, within the time limited by the copy of the notice served on him, referred the
complaint to an Independent Schools Tribunal under section 470,
the Secretary of State may not make an order disqualifying him from being a teacher or other employee in any school.

Effect of personal disqualification.
472. Where, by virtue of an order made-
(a) by an Independent Schools Tribunal under section 470, or
(b) by the Secretary of State under section 471,
a person is disqualified either from being the proprietor of an independent school or from being a teacher or other employee in any school, then (unless the order otherwise directs) he shall by virtue of the order be disqualified both from being the proprietor of an independent school and from being a teacher or other employee in any school.

Enforcement of disqualification.
473. – (1) A person is guilty of an offence if he uses any premises for purposes for which they are
disqualified by virtue of an order made under section 470 or 471.
(2) A person is guilty of an offence if he-
(a) acts as the proprietor of an independent school, or
(b) accepts or endeavours to obtain employment as a teacher or other employee in any school,
while he is disqualified from so acting or from being so employed by virtue of an order made under section 470 or 471.

Removal of disqualification.
474. – (1) If on the application of any person the Secretary of State is satisfied that any disqualification
imposed by an order made under section 470 or 471 is, by reason of any change of circumstances, no
longer necessary, he may by order remove the disqualification.
(2) Any person who is aggrieved by the refusal of the Secretary of State to remove any such
disqualification may appeal to an Independent Schools Tribunal within such time after the refusal has been communicated to him as may be limited by rules made under section 476.

Duty of Registrar to comply with order for the deletion of a school from the register.
475. Where an order directing that a school be struck off the register is made-
(a) by the Secretary of State under section 468 or 471, or
(b) by an Independent Schools Tribunal under section 470,
the Registrar of Independent Schools shall strike the school off the register as from the date on which the direction takes effect.

Independent Schools Tribunals

Constitution and proceedings of Independent Schools Tribunals.
476. – (1) Schedule 34 has effect in relation to the constitution of Independent Schools Tribunals and the remuneration of their members.
(2) The Lord Chancellor may, with the concurrence of the Lord President of the Council, make rules as to-
(a) the practice and procedure to be followed with respect to the constitution of Independent Schools
Tribunals;
(b) the manner of making appeals to such tribunals; and
(c) proceedings before such tribunals and matters incidental to or consequential on such
proceedings.
(3) The rules may, in particular, make provision-
(a) requiring such a tribunal to sit at such places as may be directed in accordance with the rules;
and
(b) as to appearance before such tribunals by counsel or a solicitor.
(4) Part I of the Arbitration Act 1996 shall not apply to any proceedings before an Independent Schools
Tribunal, except so far as any provisions of that Act may be applied, with or without modifications, to such proceedings by the rules.
(5) Every order of an Independent Schools Tribunal shall be registered by the Registrar of Independent
Schools and shall be open to public inspection at all reasonable times.

Supplementary

Disqualification in Scotland.
477. For the purposes of this Part, except section 474, a person who is disqualified by an order made (or having effect as if made) under section 100 of the Education (Scotland) Act 1980-
(a) from being the proprietor of an independent school within the meaning of that Act, or
(b) from being a teacher in any school,
shall be taken to be disqualified from being the proprietor of an independent school within the meaning of this Act, or (as the case may be) from being a teacher in any school, by virtue of an order made under section 470 or 471.

Offences: institution of proceedings and punishment.
478. – (1) No proceedings shall be instituted for an offence under section 466 or 473 except by or on
behalf of the Secretary of State.
(2) A person guilty of an offence under section 466 or 473 is liable on summary conviction-
(a) to a fine not exceeding level 4 on the standard scale, or
(b) to imprisonment for a term not exceeding three months, or both.

SCHEDULE 5
SPECIAL AGREEMENTS

Preservation of special agreements
1. Any special agreement in force immediately before the commencement of this Act shall continue in
force despite the repeal by this Act of Schedule 3 to the Education Act 1944.

Variation of special agreements
2. – (1) A special agreement may be varied by a further agreement between the local education authority
and the governors of the school to which it relates, or in such other manner (if any) as may be specified in the agreement.
(2) Sub-paragraph (1) has effect subject to the requirements of paragraph 3.
The grant requirements
3. – (1) A special agreement shall provide for the making of a grant by the local education authority to
persons specified in the agreement in consideration of the execution by those persons of the proposals to which the agreement relates.
(2) Subject to sub-paragraph (3), the amount of any such grant shall be not less than half, and not more
than three-quarters, of the cost of executing the proposals to which the agreement relates.
(3) Where the proposals include proposals for establishing a playing field or any buildings of a kind which it is, under section 45(2)(b), the duty of the local education authority to provide, then-
(a) if the proposals as respects the playing field or buildings are to be executed by the persons
specified in the agreement, the amount of the grant (so far as attributable to the cost thereof) shall
be equal to the whole of the cost; and
(b) if those proposals are to be executed by the local education authority, the cost thereof shall be
borne by them and excluded in computing the amount of the grant.

Religious education
4. – (1) A special agreement may provide(
a) for the giving of religious education in the school in accordance with the provisions of the trust
deed relating to it, or (where provision for that purpose is not made by such a deed) in accordance
with the practice observed in the school before it became a voluntary school; and
(b) for the employment in the school, for the purpose of giving such religious education, of such
number of reserved teachers as may be specified in the agreement.
(2) Sub-paragraph (1)(a) has effect subject to section 378(1)(c) and any arrangements made under
section 378(2).

Repayment of grants
5. Any grant made in respect of a school in pursuance of a special agreement may, at any time while the school is a special agreement school, be repaid by the governing body to the local education authority by whom the school is maintained.

Modification of obligations with respect to repairs and alterations
6. Where a special agreement is in force in relation to a school, then, until the proposals to which the
agreement relates have been carried out-
(a) the provisions of Part II relating to the respective obligations of the governing bodies of voluntary
schools and the local education authority in respect of repairs and alterations to the premises of the
school shall not have effect in relation to the school; and
(b) the respective obligations of the governing body of the school and the local education authority in
relation to those matters shall instead be such as may be determined by agreement between the
governing body and the authority or, in default of agreement, by the Secretary of State.

SCHEDULE 31
AGREED SYLLABUSES OF RELIGIOUS EDUCATION

Duty to convene conference to reconsider agreed syllabus
1. – (1) Where the agreed syllabus for the time being adopted by a local education authority was adopted by them on or after 29th September 1988 but before 1st April 1994, they shall, within the period of five years beginning with the date on which they adopted the syllabus, convene a conference for the purpose of reconsidering the syllabus.
(2) Sub-paragraph (1) does not apply where the authority have already convened such a conference on or after 1st April 1994 in pursuance of paragraph 12(3) of Schedule 5 to the Education Act 1944.
2. – (1) A local education authority shall from time to time cause further conferences to be convened for
the purpose of reconsidering any agreed syllabus for the time being adopted by them (whether adopted
before, on or after 1st April 1994).
(2) No such conference shall be convened later than the end of the period of five years beginning with the date (falling after 31st March 1994) on which-
(a) the authority adopted the syllabus, or
(b) the authority gave effect to a recommendation under paragraph 10(2) below (or under paragraph
13 of Schedule 5 to the Education Act 1944) that the syllabus should continue to be the agreed
syllabus.
3. On receipt by a local education authority of written notification of any such requirement as is mentioned in section 391(3), the authority shall cause a conference to be convened for the purpose of reconsidering any agreed syllabus to which the requirement relates.

Constitution of conference
4. – (1) A conference convened under this Schedule shall consist of such groups of persons
(“committees”) appointed by the local education authority which convenes the conference as are required by sub-paragraph (2).
(2) Those committees are-
(a) a committee of persons representing such Christian denominations and other religions and
denominations of such religions as, in the opinion of the authority, will appropriately reflect the
principal religious traditions in the area;
(b) except in the case of an area in Wales, a committee of persons representing the Church of
England;
(c) a committee of persons representing such associations representing teachers as, in the opinion
of the authority, ought to be represented, having regard to the circumstances of the area; and
(d) a committee of persons representing the authority.
(3) Where a committee is required to be appointed by virtue of sub-paragraph (2)(b), the committee
required to be appointed by virtue of sub-paragraph (2)(a) shall not include persons appointed to represent the Church of England.
(4) The number of persons appointed under sub-paragraph (2)(a) to represent each denomination or
religion required to be represented shall, so far as is consistent with the efficient discharge of the
committee’s functions, reflect broadly the proportionate strength of that denomination or religion in the area.
5. Any sub-committees appointed by the conference shall each include at least one member of each of the committees constituting the conference.
6. On any question to be decided by the conference or by any sub-committee of the conference, a single
vote shall be given for each of the committees constituting the conference.
7. – (1) Before appointing a person to represent any religion, denomination or associations as a member of a committee, the local education authority shall take all reasonable steps to assure themselves that he is representative of the religion, denomination or associations in question.
(2) No proceedings under this Schedule shall be invalidated on the ground that a member of a committee did not represent the religion, denomination or associations which he was appointed to represent, unless it is shown that the authority failed to take the steps required by sub-paragraph (1).
8. A person appointed as a member of a committee-
(a) may resign his membership, or
(b) may be withdrawn from membership by the local education authority if, in their opinion, he
ceases to be representative of the religion, denomination or associations which he was appointed to
represent or (as the case may be) of the authority.
9. Where a person resigns or is withdrawn from a committee, the local education authority shall appoint
someone in his place in the same manner as that in which they made the original appointment.

Reconsideration of agreed syllabus
10. – (1) This paragraph applies where a local education authority cause a conference to be convened for the purpose of reconsidering any agreed syllabus under any of paragraphs 1 to 3.
(2) If-
(a) the conference-
(i) unanimously recommend that the existing syllabus should continue to be the agreed
syllabus, or
(ii) unanimously recommend a new syllabus to be adopted in substitution for the existing
syllabus, and
(b) it appears to the local education authority that the syllabus or, as the case may be, the new
syllabus, reflects the fact that the religious traditions in Great Britain are in the main Christian while
taking account of the teaching and practices of the other principal religions represented in Great
Britain, the authority may give effect to the recommendation.
(3) If-
(a) the authority report to the Secretary of State that the conference are unable to reach unanimous
agreement, or
(b) the conference unanimously recommend that the existing syllabus should continue to be the
agreed syllabus but the local education authority consider that sub-paragraph (2)(b) prevents them
from giving effect to the recommendation, or
(c) it appears to the Secretary of State that the authority have failed to exercise their power under
sub-paragraph (2) to give effect to the unanimous recommendation of the conference,
the Secretary of State shall proceed in accordance with paragraph 12.
11. Where any agreed syllabus for the time being adopted by a local education authority which is in use at a grant-maintained school within the area of the authority (or for any pupils at such a school) falls to be reconsidered under this Schedule, the conference shall consult the governing body of the grant-maintained school before making any recommendation.

Preparation of new syllabus by appointed body
12. – (1) Where required by paragraph 10 to proceed in accordance with this paragraph, the Secretary of
State shall appoint a body of persons having experience in religious education to prepare a syllabus of
religious education.
(2) The appointed body shall, so far as is practicable, be of a representative character which is the same
as that required by paragraph 4 in the case of a conference.
13. – (1) The appointed body shall-
(a) give the local education authority, the conference and every committee constituting the
conference an opportunity of making representations to it;
(b) after considering any such representations made to it, prepare a syllabus of religious education;
and
(c) transmit a copy of that syllabus to the authority and to the Secretary of State.
(2) Subject to sub-paragraph (1)(a), the appointed body may conduct its proceedings in such manner as it thinks fit.
14. The syllabus prepared by the appointed body shall be deemed to be the agreed syllabus adopted for
use in the schools for which, or for the class or description of pupils for which, it was prepared-
(a) as from such date as the Secretary of State may direct, and
(b) until a new syllabus is adopted for use in those schools, or for pupils of that class or description,
in accordance with this Schedule.

Special provisions applicable where order under section 27(1)(b) applies
15. – (1) This paragraph has effect in respect of the area of a local education authority if an order under
section 27(1)(b) (allocation of responsibility for providing sufficient school places to funding authority) applies to the area.
(2) Within six months of the date of the first such order the authority shall reconvene any conference-
(a) which they have convened under any of paragraphs 1 to 3 above (or for the purpose set out in
paragraph 1 or 12 of Schedule 5 to the Education Act 1944 (preparation and reconsideration of
agreed syllabuses) or section 11(8) of the Education Reform Act 1988 (standing advisory councils on
religious education)), and
(b) which has not made a recommendation under paragraph 10(2)(a) above (or under paragraph 9
or 13(2) of that Schedule), and
(c) in respect of which the authority have not made a report under paragraph 10(3)(a) above (or
under paragraph 10 or 13(4) of that Schedule).
(3) Where a conference is convened (or reconvened) after the date of the order-
(a) paragraph 4 shall have effect as if it required the appointment of a committee, in addition to those
listed in sub-paragraph (2)(a) to (d) of that paragraph, consisting of persons representing relevant
grant-maintained schools, and
(b) paragraph 11 shall have effect only in relation to grant-maintained schools, or pupils at such
schools, at which the syllabus is in use in accordance with section 381(3);
and paragraph 4(4) shall apply in relation to a conference reconvened by virtue of this paragraph (whether or not it applied when the conference was originally convened).
(4) Before appointing a person to represent relevant grant-maintained schools in accordance with subparagraph
(3)(a), the local education authority shall take all reasonable steps to assure themselves that he is
acceptable as such to the governing bodies of the majority of such schools.
(5) No proceedings under this Schedule shall be invalidated on the ground that any such person was not
so acceptable unless it is shown that the local education authority failed to take those steps.
(6) A person so appointed-
(a) may resign his membership of the committee, or
(b) may be withdrawn from the committee by the local education authority if, in their opinion, he
ceases to be acceptable as a representative of relevant grant-maintained schools to the governing
bodies of the majority of such schools.
(7) Where any such person resigns or is withdrawn from the committee, the local education authority shall appoint someone in his place in the same manner as that in which they made the original appointment.
(8) For the purposes of this paragraph “relevant grant-maintained schools” means those grant-maintained schools within the area of the local education authority in relation to which section 379 or 380 applies.