Education Act 1997

• Citation: 1997 c. 44
• Sections: 166

Section 4 Power of members of staff to restrain pupils.

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Section 5 Detention outside school hours lawful despite absence of parental consent.

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Section 9 LEA plans relating to children with behavioural difficulties.

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Section 15 Introductory

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Section 16 Adoption of baseline assessment schemes.

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Section 17 Assessment of pupils in accordance with scheme.

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Section 18 Regulations for purposes of this Chapter.

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Section 19 School performance targets.

(1) The Welsh Ministers may by regulations make such provision as the Welsh Ministers consider appropriate for requiring the governing bodies of maintained schools in Wales to secure that annual targets are set in respect of the performance of pupils—

(a) in public examinations or in assessments for the purposes of the National Curriculum required by virtue of regulations made under Part 4 of the Curriculum and Assessment (Wales) Act 2021 , in the case of pupils of compulsory school age; or

(b) in public examinations or in connection with the attainment of other external qualifications, in the case of pupils of any age over that age.

(2) Regulations under this section may require—

(a) such targets, and

(b) the past performance of pupils in the particular examinations or assessments, or in connection with the attainment of the particular qualifications, to which such targets relate,

to be published in such manner as is specified in the regulations.

(3) In this section “ maintained school ” means—

(a) a community, foundation or voluntary school, or

(b) a community or foundation special school (other than one established in a hospital).

Section 20 Provision of information about individual pupils’ performance.

After section 537 of the Education Act 1996 there shall be inserted—

Provision of information about individual pupils’ performance.

(537A)

(1) The Secretary of State may by regulations make provision requiring—

(a) the governing body of every school which is—

(i) maintained by a local authority , or

(ii) a grant-maintained school, or

(iii) a special school which is not maintained by a local authority , and

(b) the proprietor of each independent school,

to provide to the Secretary of State such individual performance information relating to pupils or former pupils at the school as may be prescribed.

(2) In this section “ individual performance information ” means information about the performance of individual pupils (identified in the prescribed manner)—

(a) in any assessment made for the purposes of the National Curriculum or in accordance with a baseline assessment scheme (within the meaning of Chapter I of Part IV of the Education Act 1997);

(b) in any prescribed public examination;

(c) in connection with the attainment of any vocational qualification; or

(d) in any such other assessment or examination, or in connection with the attainment of any such other qualification, as may be prescribed.

(3) The Secretary of State may provide any information received by him by virtue of subsection (1)—

(a) to any prescribed body or person, or

(b) to any body or person falling within a prescribed category.

(4) Any body or person holding any individual performance information may provide that information to any body to which this subsection applies; and any body to which this subsection applies—

(a) may provide any information received by it under this subsection—

(i) to the Secretary of State, or

(ii) to the governing body or proprietor of the school attended by the pupil or pupils to whom the information relates; and

(b) may, at such times as the Secretary of State may determine, provide to any prescribed body such information received by it under this subsection as may be prescribed.

(5) Subsection (4) applies to any body which, for the purposes of or in connection with the functions of the Secretary of State relating to education, is responsible for collating or checking information relating to the performance of pupils—

(a) in any assessment or examination falling within subsection (2)(a), (b) or (d), or

(b) in connection with the attainment of any qualification falling within subsection (2)(c) or (d).

(6) No individual performance information received under or by virtue of this section shall be published in any form which includes the name of the pupil or pupils to whom it relates.

(7) References in this section to the attainment of a qualification of any description include references to the completion of any module or part of a course leading to any such qualification.

Section 21 The Qualifications and Curriculum Authority.

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Section 22 General function of Authority to advance education and training.

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Section 23 Functions of the Authority in relation to curriculum and assessment.

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Section 24 Functions of the Authority in relation to external vocational and academic qualifications.

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Section 25 Other functions of the Authority.

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Section 26 Supplementary provisions relating to discharge by Authority of their functions.

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Section 26A Power of Authority to give directions

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Section 27 The Qualifications, Curriculum and Assessment Authority for Wales.

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Section 28 General function of National Assembly for Wales to advance education and training.

(1) The functions conferred on the National Assembly for Wales by this Part shall be exercised by the National Assembly for Wales for the purpose of advancing education and training in Wales.

(2) The National Assembly for Wales shall exercise its functions under this Part with a view to promoting quality and coherence in education and training in relation to which it has functions under this Part.

Section 29 Functions of the National Assembly for Wales in relation to curriculum and assessment.

(1) The National Assembly for Wales shall have the functions set out in subsection (2) with respect to—

(a) pupils at maintained schools in Wales who have not ceased to be of compulsory school age,

(b) pupils at maintained nursery schools in Wales, and

(c) children for whom funded nursery education is provided in Wales otherwise than at a maintained school or maintained nursery school.

2 The functions are—

(a) to keep under review all aspects of the curriculum for maintained schools or maintained nursery schools and all aspects of school examinations and assessment;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) to publish and disseminate, and assist in the publication and dissemination of, information relating to the curriculum for such schools or to school examinations and assessment;

(e) to make arrangements with appropriate bodies for auditing the quality of assessments made in pursuance of assessment arrangements; ...

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) In subsection (2) references to the curriculum for a maintained nursery school include references to the curriculum for any funded nursery education provided as mentioned in subsection (1)(c); and references to assessment in schools include references to assessment in funded nursery education.

(3) The Authority shall have, in relation to Wales, the function of developing learning goals and related materials for children who are under compulsory school age.

(4) The Authority shall have, in relation to Wales, the following functions in connection with baseline assessment schemes (within the meaning of Chapter I of Part IV ), namely—

(a) if designated by the Secretary of State for the purpose, any function of a designated body under that Chapter; and

(b) any other function which may be conferred on the Authority by the Secretary of State.

(5) In this section—

“ assessment ” includes examination and test;

“ funded nursery education ” has the meaning given by section 98 of the Education Act 2002;

“ maintained school ” means—

any community, foundation or voluntary school, and

any community ... special school.

(6) In the definition of “maintained school”, the reference to a community, foundation or voluntary school or to a community ... special school, is a reference to such a school within the meaning of the School Standards and Framework Act 1998.

(7) In this section references to ”school examinations and assessment” do not include examinations taken or assessments carried out for the purpose of the award of a qualification within the meaning of section 56 of the Qualifications Wales Act 2015.

Section 30 Functions of the National Assembly for Wales in relation to relevant qualifications

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Section 31 Other functions of the Authority.

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Section 32 Supplementary provisions relating to discharge by the National Assembly for Wales of its functions .

(1) In carrying out its functions under this Part the National Assembly for Wales shall—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) so far as relevant, have regard to—

(i) the requirements of section 99 of the Education Act 2002 (general duties in respect of curriculum),

(ii) the reasonable requirements of industry, commerce, finance and the professions regarding education and training (including required standards of practical competence), and

(iii) the reasonable requirements of persons with learning difficulties.

(2) In carrying out those functions the National Assembly for Wales shall in addition have regard to information supplied to it by Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru or by any body designated by the Secretary of State for the purposes of this section.

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

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In this section “ persons with learning difficulties ” means—

(a) children with additional learning needs (as defined in section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018) , and

(b) other persons who—

(i) have a significantly greater difficulty in learning than the majority of persons of their age, or

(ii) have a disability which either prevents or hinders them from making use of educational facilities of a kind generally provided for persons of their age.

(7) But a person is not to be taken to have a learning difficulty solely because the language (or form of language) in which the person is or will be taught is different from a language (or form of language) which has at any time been spoken in the person's home.

Section 32A Power of Welsh Ministers to give directions

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Section 32B Power of Welsh Ministers to withdraw recognition

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Section 32C Surrender of recognition

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Section 32AA Power of Welsh Ministers to impose monetary penalties

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Section 32AB Monetary penalties: amount

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Section 32AC Monetary penalties: appeals

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Section 32AD Monetary penalties: interest and recovery

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Section 32BA Costs recovery

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Section 32BB Costs recovery: appeals

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Section 32BC Costs: interest and recovery

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Section 32ZA Qualifications functions of Welsh Ministers: co-operation and joint working etc.

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Section 33 Dissolution of existing bodies.

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Section 34 Transfer of property.

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Section 35 Transfer of staff.

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Section 36 Levy on bodies awarding qualifications accredited by relevant body.

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Section 37 Requirement for approval of certain publicly-funded and school courses leading to external qualifications.

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Section 38 Inspection of local authorities .

(1) The Chief Inspector—

(a) may, and

(b) if requested to do so by the Secretary of State, shall,

arrange for any local authority to be inspected under this section.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) An inspection of a local authority in Wales under this section shall consist of a review of the way in which the authority are performing—

(a) any education function of theirs;

(b) the functions conferred on them under section 25 of the Children Act 2004 so far as relating to education, training or youth support services (within the meaning of section 123 of the Learning and Skills Act 2000).

(3) A request by the Secretary of State under this section may relate to one or more local authorities , and shall specify both—

(a) the local authority or authorities concerned, and

(b) the functions of theirs to which the inspection is to relate.

(4) Before making any such request the Secretary of State shall consult the Chief Inspector as to the matters to be specified in the request in accordance with subsection (3).

(5) Any inspection under this section shall be conducted—

(a) by one of Her Majesty’s Inspectors of Schools in ... Wales, or

(b) by any additional inspector authorised under ... paragraph 2 of Schedule 2 to the Education Act 2005 ;

but he may be assisted by such other persons (whether or not members of the Chief Inspector’s staff) as the Chief Inspector thinks fit.

(6) For the purposes of this section a local authority shall provide the Chief Inspector with such information as may be prescribed, and shall do so in such form and—

(a) within such period following a request made by the Chief Inspector in any prescribed circumstances, or

(b) at such other times,

as regulations may provide.

(7) In this section and sections 39 to 41A “ the Chief Inspector ” means—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) in relation to a local authority in Wales, Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru ;

and in those sections references to “ the inspector ” in relation to an inspection under this section are references to the person conducting the inspection.

Section 39 Reports of inspections under s. 38 and action plan by local authority

(1) Where an inspection under section 38 has been completed, the inspector shall make a written report on the matters reviewed in the course of the inspection, and shall send copies of the report to—

(a) any local authority to which the inspection relates; and

(b) the Secretary of State.

(2) Where a local authority receive a copy of a report under this section, they shall prepare a written statement of the action which they propose to take in the light of the report and the period within which they propose to take it.

(3) The authority shall publish—

(a) the report, and

(b) the statement prepared under subsection (2),

within such period, and in such manner, as may be prescribed.

(4) The Chief Inspector may arrange for any report under this section to be published in such manner as he considers appropriate ; and ... section 29(2) to (4) of the Education Act 2005 shall apply in relation to the publication of any such report as they apply in relation to the publication of a report under any of the provisions mentioned in ... section 29(2) .

Section 40 Inspector’s rights of entry etc.

(1) This section applies where a local authority are inspected under section 38.

(2) The inspector, and any person assisting him, shall have at all reasonable times a right of entry to—

(a) the premises of the local authority ,

(b) the premises of any school maintained by the authority, and

(c) any other premises at which relevant section 19 or 19A education is provided, other than premises which are or form part of a private dwelling house but are not a school.

(3) The inspector, and any person assisting him, shall also have at all reasonable times a right to inspect and take copies of—

(a) any records kept by, and any other documents containing information relating to, the local authority or any school maintained by the authority, and

(b) any records kept by a person who provides relevant section 19 or 19A education that relate to the provision of that education, and any other documents containing information that so relates;

which he considers relevant to the exercise of his functions.

(4) Section 58 of the Education Act 2005 (inspection of computer records) shall apply for the purposes of subsection (3) as it applies for the purposes of Part 1 of that Act.

(5) Without prejudice to subsections (2) and (3), the local authority and the governing body of any school maintained by the authority—

(a) shall give the inspector and any person assisting him, all assistance in connection with the exercise of his functions which they are reasonably able to give, and

(b) shall secure that all such assistance is also given by persons who work at the school.

(6) It shall be an offence wilfully to obstruct the inspector or any person assisting him in the exercise of his functions in relation to the inspection.

(7) A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(8) In this section—

“ document ” and “ records ” each include information recorded in any form; and

“ relevant section 19 or 19A education ” means education provided to a child by virtue of arrangements made by the local authority under section 19 or 19A of the Education Act 1996 (exceptional provision of education at schools or otherwise).

Section 41 Inspections involving collaboration of Audit Commission.

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Section 41A Inspections involving collaboration of Auditor General for Wales

(1) If requested to do so by the Chief Inspector, the Auditor General for Wales may assist with any inspection under section 38 of a local authority in Wales; and subsections (2) to (5) below have effect where the Auditor General for Wales assists with any such inspection.

(2) Section 40 shall apply to the Auditor General for Wales and to any authorised person as it applies to the inspector.

(3) Any information obtained by virtue of section 40 by a person falling within one of the categories mentioned in subsection (4) may be disclosed for the purposes of the inspection, or the preparation or making of the report under section 39(1), to a person falling within the other category.

(4) Those categories are—

(a) the Auditor General for Wales and any authorised person; and

(b) the inspector and any person assisting him.

(5) Any report prepared under section 39(1) shall be prepared by the inspector acting in conjunction with the Auditor General for Wales.

(6) The Auditor General for Wales shall not provide assistance under this section unless, before he does so, the Chief Inspector has agreed to pay the Wales Audit Office a fee, in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013 (which may not exceed the full cost incurred by the Auditor General in providing the assistance) .

(7) In this section “ authorised person ” means a person authorised by the Auditor General for Wales for the purposes of this section.

Section 42 Miscellaneous amendments relating to school inspections.

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Section 42A Provision of careers guidance in schools in England

(1) The responsible authorities for a school in England within subsection (2) must secure that all registered pupils at the school are provided with independent careers guidance during their secondary education .

(2) A school is within this subsection if it provides secondary education and is one of the following—

(a) a community, foundation or voluntary school;

(b) a community or foundation special school (other than one established in a hospital);

(c) a pupil referral unit;

(d) an Academy school;

(e) an alternative provision Academy.

(3) The responsible authorities for a school within subsection (2) are—

(a) in the case of a school within subsection (2)(a) or (b), its governing body;

(b) in the case of a pupil referral unit, the local authority that maintain it;

(c) in the case of an Academy school or an alternative provision Academy, the proprietor.

(4) The responsible authorities must secure that careers guidance provided under subsection (1)—

(a) is presented in an impartial manner,

(b) includes information on options available in respect of 16 to 18 education or training, including apprenticeships, and

(c) is guidance that the person giving it considers will promote the best interests of the pupils to whom it is given.

(4A) Subsection (4)(b) does not apply in relation to pupils over compulsory school age.

(5) Careers guidance provided to pupils at a school is independent for the purposes of this section if it is provided other than by—

(a) a teacher employed or engaged at the school, or

(b) any other person employed at the school.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) In this section—

...

“ career ” includes undertaking any training, education, employment or occupation;

“ careers guidance ” means guidance about careers;

...

“ 16 to 18 education or training ” means education or training suitable to the requirements of persons who have ceased to be of compulsory school age but have not attained the age of 18;

“ training ” includes a voluntary or other placement apt to enable the development of any skill or competency (whether or not taking place at a time when the person concerned is still a registered pupil at a school in England).

Section 42B Information about technical education: access to English schools

(1) The proprietor of a school in England within subsection (2) must ensure that there are opportunities for a range of education and training providers to access registered pupils during the relevant phase of their education for the purpose of informing them about approved technical education qualifications or apprenticeships.

(1A) In complying with subsection (1), the proprietor must give access to registered pupils on at least two occasions during each of the first, second and third key phase of their education.

(2) A school is within this subsection if it provides secondary education and is one of the following—

(a) an Academy;

(b) an alternative provision Academy;

(c) a community, foundation or voluntary school;

(d) a community or foundation special school (other than one established in a hospital);

(e) a pupil referral unit.

(2A) The proprietor of a school in England within subsection (2) must—

(a) ensure that, during each of the first and second key phases of the education of each registered pupil—

(i) on at least two occasions the pupil meets at least one provider to whom access is given (or any other number of such providers that may be specified for the purposes of that key phase by regulations under subsection (8)), and

(ii) the pupil does not meet exactly the same provider or providers on each of those occasions, and

(b) ask providers to whom access is given to provide information that includes the following—

(i) information about the provider and the approved technical education qualifications or apprenticeships that the provider offers,

(ii) information about the careers to which those technical education qualifications or apprenticeships might lead,

(iii) a description of what learning or training with the provider is like, and

(iv) responses to questions from the pupils about the provider or approved technical education qualifications and apprenticeships.

(2B) Access given under subsection (1) must be for a reasonable period of time during the standard school day.

(3) The proprietor of a school in England within subsection (2) must prepare a policy statement setting out the circumstances in which education and training providers will be given access to registered pupils for the purpose of informing them about approved technical education qualifications or apprenticeships.

(4) The proprietor must ensure that the policy statement is followed.

(5) The policy statement must include—

(a) any procedural requirements in relation to requests for access;

(b) grounds for granting and refusing requests for access;

(c) details of premises or facilities to be provided to a person who is given access and the times at which the access is to be given;

(d) an explanation of how the proprietor proposes to comply with the obligations imposed under subsection (2A).

(6) The proprietor may revise the policy statement from time to time.

(7) The proprietor must publish the policy statement and any revised statement.

(8) The Secretary of State may by regulations make provision supplementing subsection (1) or (2A) , for example provision about who is to be given access to pupils, to which pupils they are to be given access and how and when.

(9) For the purposes of this section the relevant phase of a pupil's education is the period—

(a) beginning at the same time as the school year in which the majority of pupils in the pupil's class attain the age of 13, and

(b) ending with the expiry of the school year in which the majority of pupils in the pupil's class attain the age of 18.

(9A) For the purposes of this section—

(a) the first key phase of a pupil’s education is the period—

(i) beginning at the same time as the school year in which the majority of pupils in the pupil’s class attain the age of 13, and

(ii) ending with 28 February in the following school year;

(b) the second key phase of a pupil’s education is the period—

(i) beginning at the same time as the school year in which the majority of pupils in the pupil’s class attain the age of 15, and

(ii) ending with 28 February in the following school year;

(c) the third key phase of a pupil’s education is the period—

(i) beginning at the same time as the school year in which the majority of pupils in the pupil’s class attain the age of 17, and

(ii) ending with 28 February in the following school year.

(10) In this section “ approved technical education qualification ” means a qualification approved under section A2D3 or A2D5 of the Apprenticeships, Skills, Children and Learning Act 2009.

Section 43 Provision of careers education in schools in Wales Provision of careers education for certain persons: Wales

(1) All registered pupils at a school in Wales to which this section applies must be provided, during the relevant phase of their education, with a programme of careers education.

(2) This section applies to—

(a) community, foundation and voluntary schools;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) community ... special schools (other than those established in hospitals);

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; and

(e) pupil referral units.

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) It is the duty of each of the following to secure that subsection (1) ... is complied with, namely—

(a) in the case of a school falling within subsection (2)(a) to (c), the governing body of the school and its head teacher,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , and

(c) in the case of a pupil referral unit, the local authority maintaining the unit and the teacher in charge of it.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purposes of this section the relevant phase of a pupil’s education is the period—

(a) beginning at the same time as the school year in which the majority of pupils in his class attain the age of 14; and

(b) ending with the expiry of the school year in which the majority of pupils in his class attain the age of 16.

(6) In this section—

“ career ” includes the undertaking of any training, employment or occupation or any course of education;

“ careers education ” means education designed to prepare persons for taking decisions about their careers and to help them implement such decisions;

“ class ”, in relation to a pupil, means—

the teaching group in which the pupil is regularly taught, or

if the pupil is taught in different groups for different subjects, such one of those groups as is designated by the head teacher of the school or, in the case of a pupil at a pupil referral unit, by the teacher in charge of the unit;

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(1) A programme of careers education must be provided for—

(a) each pupil who—

(i) is a registered pupil at a school in Wales listed in subsection (2), and

(ii) is of compulsory school age, or over compulsory school age, but under the age of 19;

(b) each person who—

(i) is attending an institution in Wales within the further education sector (whether full or part time), and

(ii) is of compulsory school age, or over compulsory school age but under the age of 19;

(c) each child or young person for whom arrangements are made under section 19A of the Education Act 1996 (exceptional provision of education in pupil referral units or elsewhere: Wales).

(2) The schools are—

(a) community, foundation and voluntary schools;

(b) community special schools (other than those established in hospitals).

(3) The following persons must secure that subsection (1) is complied with—

(a) in the case of a pupil falling within subsection (1)(a), the head teacher of the school;

(b) in the case of a person falling within subsection (1)(b), the principal or other head of the institution;

(c) in the case of a child or young person falling within subsection (1)(c)—

(i) the local authority that makes the arrangements, and

(ii) where the arrangements include the provision of education at a pupil referral unit maintained by a local authority in Wales, the teacher in charge of the unit.

(4) In this section—

“ career ” includes the undertaking of any training, employment or occupation or any course of education;

“ careers education ” means education designed to prepare persons for taking decisions about their careers and to help them implement such decisions.

Section 44 Schools and other institutions in Wales to co-operate with careers advisers.

(1) Where a careers adviser has responsibilities in relation to persons attending an educational institution to which this section applies, he shall on request be provided with—

(a) the name and address of every relevant pupil or student at the institution; and

(b) any information in the institution’s possession about any such pupil or student which the careers adviser needs in order to be able to provide him with advice and guidance on decisions about his career or with other information relevant to such decisions.

(2) If the registered address of a parent of any such pupil is different from the pupil’s registered address, subsection (1)(a) requires the parent’s address to be provided as well.

(3) Paragraph (a) or (as the case may be) paragraph (b) of subsection (1) does not, however, apply to any pupil or student to the extent that—

(a) (where he is under the age of 16 ) a parent of his, or

(b) (where he has attained that age) he himself,

has indicated that any information falling within that paragraph should not be provided to the careers adviser.

(4) Where a careers adviser has responsibilities in relation to persons attending an educational institution to which this section applies, he shall on request be permitted to have, in the case of any relevant pupil or student specified by him, access to that person—

(a) on the institution’s premises, and

(b) at a reasonable time agreed by or on behalf of the head teacher, principal or other head of the institution,

for the purpose of enabling him to provide that person with advice and guidance on decisions about his career and with any other information relevant to such decisions.

(5) Such access shall include an opportunity for the careers adviser to interview that person about his career, if he agrees to be so interviewed.

(6) Where a careers adviser has responsibilities in relation to persons attending an educational institution to which this section applies, he shall on request be permitted to have, in the case of any group of relevant pupils or students specified by him, access—

(a) to that group of persons in the manner specified in subsection (4)(a) and (b), and

(b) to such of the institution’s facilities as can conveniently be made available for his use,

for the purpose of enabling him to provide those persons with group sessions on any matters relating to careers or to advice or guidance about careers.

(7) Any request made for the purposes of subsection (1), (4) or (6) must be made in writing to the head teacher, principal or other head of the institution in question.

(8) This section applies to—

(a) the schools in Wales listed in section 43(2) (a) and (c) ; and

(aa) pupil referral units maintained by local authorities in Wales, and

(b) institutions in Wales within the further education sector.

(9) It is the duty of the each of the following to secure that subsections (1), (4) and (6) are complied with—

(a) the governing body of the school or institution;

(b) its head teacher, principal or other head.

(10) For the purposes of this section—

(a) a pupil at a school in Wales is a relevant pupil—

(i) at any time during the period which is the relevant phase of his education for the purposes of section 43, or

(ii) if he is over compulsory school age and receiving secondary education; and

(a) a pupil at a school in Wales, or at a pupil referral unit maintained by a local authority in Wales, is a relevant pupil if the pupil is receiving secondary education and—

(i) in the case of a pupil at a school is under 19, and

(ii) in the case of a pupil at a pupil referral unit, is under 18; and

(b) a person is a relevant student at an institution in Wales within the further education sector if he is receiving at the institution either—

(i) full-time education, or

(ii) part-time education of a description commonly undergone by persons in order to fit them for employment.

(11) For the purposes of this section—

(a) “ careers adviser ” means a person who is employed by a body providing services in pursuance of arrangements made or directions given under section 10 of the Employment and Training Act 1973 and who is acting, in the course of his employment by that body, for the purposes of the provision of any such services; and

(b) a careers adviser has responsibilities for any persons if his employment by that body includes the provision of any such services for them.

(12) In this section “ career ” has the same meaning as in section 43.

Section 45 Provision of careers information at schools and other institutions.

(1) Persons attending an educational institution to which this section applies must be provided with access to both—

(a) guidance materials, and

(b) a wide range of up-to-date reference materials,

relating to careers education and career opportunities.

(2) This section applies to—

(a) the schools in Wales listed in section 43(2) (a) and (c) ; and

(aa) pupil referral units maintained by local authorities in Wales; and

(b) institutions within the further education sector.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) It is the duty of each of the following to secure that subsection (1) is complied with—

(a) the governing body of the school or institution;

(b) its head teacher, principal or other head.

(3A) In the case of children within subsection (1), it is the duty of the local authority concerned to secure that subsection (1) is complied with.

(4) The persons who under subsection (3) above are responsible for discharging that duty in relation to an institution shall seek assistance with discharging it from a body providing services in pursuance of arrangements made or directions given under section 10 of the Employment and Training Act 1973.

(5) In this section “ career ” and “ careers education ” have the same meaning as in section 43.

(6) Nothing in this section applies to any primary school.

Section 45A Guidance as to discharge of duties : schools in England

(1) The persons responsible for discharging a relevant duty in relation to a school in England falling within section 42A(2) must, in discharging the duty, have regard to any guidance given from time to time by the Secretary of State.

(2) A “ relevant duty ” means a duty under section 42A(1) or (4) or 42B .