Education Act 1996 (C. 56)

Amended by:

Learning and Skills Act 2000 (C. 21)
Education Act 2002 (C. 32)
Anti-social Behaviour Act 2003 (C. 38)
Education Act 2005 (c. 18)
Childcare Act 2006 (c.21)
Education and Inspections Act 2006 (c.40)

To consolidate legislation relating to schools and educational institutions and to make provision for children with educational needs.

Functions exercisable solely by WAG or the National Assembly for Wales.

The following Ministerial functions under this Act are exercisable solely by the Welsh Ministers in relation to Wales namely:

Part I: the Statutory system of Education:

section 5: Power by regulations 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.
section 8: Power to prescribe the day or days for attaining the compulsory school age of 5 years and to determine the school leaving date of any particular year.
sections 10 and 11: General duty of the Secretary of State to promote the education of the people of Wales and for the purpose of promoting primary, secondary and further education.
section 29: Power to require form, manner and time for the provision of information by a LEA.
section Part IV: Special Educational Needs::
section 313: Duty to issue a code of practice giving guidance to local education authorities in carrying out their functions under Part Iv of the Act.
section 316A: Power to issue guidance relating to education otherwise than in mainstream schools.
section 317: Power to prescribe contents of "special needs information" to be included in the governors' reports. Power to make regulations requiring governing bodies to ensure the special educational needs co-ordinators have certain experience or qualifications or both, and to confer other functions on these governing bodies relating to special educational needs coordinators.
section 326A: Power to make regulations about unopposed appeals against decisions of the Special Educational Needs Tribunal for Wales. Power to define the prescribed period.

Power to prescribe the information to be contained in a notice given under subsection (8)(a).

Special Educational Needs Tribunal

section 332A: Power to issue guidance to LEAs for the provision of advice and information for parents of children with special educational needs.
section 332B: Power to issue guidance in relation to resolution of disputes.

See also Shared powers. Powers in relation to the Special Educational Needs Tribunal for Wales ; e.g. Power to appoint the members of the lay panel. Power to provide for the jurisdiction of the Tribunal to be exercised by such number of tribunals as may be determined from time to time by the President, and to make such other provision in connection with the establishment, continuation and operating of the Tribunal as considerred necessary or desirable. Powers relating to remuneration of the President of the Tribunal;regulations relating to the proceedings of the Tribunal (section 336(3) stipulates that the Secretary of State may make allowances).

section 347: Approval of an independent school as suitable for the admission for special education of children for whom statements are maintained under section 324 of the Act.
section 349: Power to vary trusts deeds of schools to enable them to meet statutory requirements of taken children who are the subject of statements.

The Curriculum:

Repealed by Education Act 2002.
section 396: Power to direct an advisory council constituted under section 390 to advice a local education authority with regard collective worship to comply with provisions of the direction.
section 403(1A): Duty to issue guidance in relation to the provision of sex education in maintained schools.
section 408: Power to make regulations requiring maintained schools and local education authorities to provide prescribed information to prescribed persons.
section 436A: Power to issue guidance to education authorities in relation to their duty to make arrangements to identify children not receiving education.
section 444A: Powers relating to sums received by local authorities and penalties payments.
section 444B(9) and (10): Power by order to amend section 444A (Penalty notice in respect of failure to secure regular attendance at school of registered pupi) and section 444B (Penalty notices: supplemental) to apply to Wales and therefore to transfer to the Welsh Ministers the powers of the Secretary of State under this two sections.
section 451: Power to prescribe circumstances in which subsection (2) does not apply in relation to tuition in singing or in playing a musical instrument.
section 459: Power to make Regulations requiring maintained schools and local education authorities to provide information about school hours and charges for board and lodging.

Independent Schools:

Repealed by Education Act 2002.

Grants and Other Financial Matters:

section 484: Power to pay education standards grants to local education authorities in Wales for expenditure incurred for prescribed educational purposes.
section 485: Provision by regulations for payment of grants for educational services or research to local education authorities.
sections 492 -494: Section 492 repealed. Regulations for recoupment by local education authorities of costs of educating pupils of another authority and resolution of disputes raised between authorities all whom are situated in Wales. Exclusion of pupils.

Ancillary Functions of the Secretary of State:

section 495: Determination of any dispute between a local education authority and a school governing body provided all the parties are situated in Wales.
sections 496, 497, 497A and B: Power to make directions where a local education authority or school governing body has acted or proposes to act unreasonably or has failed to discharge a statutory duty. Powers to secure proper performance
section 497AA: Power to secure proper performance: duty of authority where directions contemplated
section 498: Power to constitute a school governing body.
section 499: Power to direct appointment of members of education committees.
section 506: Power to require medical examination of pupils.
section 509: Power to direct a local authority to make arrangements for the provision of transport and otherwise as considered necessary.
section 509A: Power to require a LEA to publish information, its form and manner of publication.
section 509AA: Power to direct an LEA to make arrangements for transport which are not in the statement. Power by order to substitute a different date for 31st of May.
section 509AB: Power to specify persons to be consulted by a LEA in preparing a statement.
section 509AC: Power to amend the definition of "academic year" in sections 509 AA and AB.
section 512: Powers in relation to the provision of meals etc at schools maintained by local education authorities
section 512A: Power to make provision for imposing on the governing body of any school a duty or duties corresponding to one or more of the duties of the local education authority.
section 530: Power to authorise the compulsory purchase by a local education authority of land for maintained school or educational purposes.

Provision of Information by governing bodies and education institutions:

sections 537 -541: Power to make regulations requiring governing bodies to give prescribed information, including information enabling parents to choose a school and individual pupils' performance.

Educational Premises:

sections 542 and 543: Provision by regulations prescribing standards for maintained school premises and power to relax regulations in particular cases.
section 544: Provision by regulations requiring the Secretary of State's approval to be given for the provision of new or altered school premises.
section 546: Provision by regulations of the control of potentially harmful materials or apparatus in schools.
section 554: Power to make new provision for the use of endowments of former foundation, voluntary or grant - maintained schools.

General:

section 563: Provision by regulations for the keeping, disclosure and transfer of school educational records of pupils.
Schedules 26 and 27: Power by regulations to prescribe time-limits within which local education authorities must take certain steps in connection with assessments and statements of special educational needs.
Schedule 31, paragraphs 11, 12 and 14: Powers where a conference convened for the purposes of considering a religious education syllabus cannot agree.
Schedule 35A:: Academies: land. Power to make transfer schemes if listed requirements are met. See shared powers. Powers relating to the grant of an option or of an interest relating to restriction on disposal. Duty to transfer an interest on completiton of a compulsory purchase. Power to recover an interest and power to require information to be provided. In relation to a compulsory purchase. Other powers relating to compulsory purchase. Former academies: Power to make a scheme providing for the transfer of an interest. Power to make transitional provisions. Para 11: specifics which may be included in regulations under this schedule.

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