Education and Inspections Bill

House of Commons

Session 2005 - 06
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Other Bills before Parliament

Education and Inspections Bill

Education and Inspections Bill
Part 6 — School travel and school food
56

71
LEAs in England: duty to have regard to religion or belief in exercise of travel
functions
After section 509AC of EA 1996 insert—
“509AD
LEAs in England: duty to have regard to religion or belief in exercise
of travel functions
5
(1)
A local education authority in England must have regard, amongst
other things, in exercising any of their travel functions in relation to or
in connection with the travel of a person or persons to or from a school,
institution or other place, to any wish of a parent of such a person for
him to be provided with education or training at a particular school,
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institution or other place where that wish is based on the parent’s
religion or belief.
(2)
The “travel functions” of a local education authority in England are
their functions under any of the following provisions—
section 508A (duty to promote sustainable modes of travel etc);
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section 508B (travel arrangements for eligible children);
section 508C (travel arrangements etc for other children);
section 508E and Schedule 35C (school travel schemes);
section 508F (transport etc for certain adult learners);
section 509AA (transport etc for persons of sixth form age).
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(3)
For the purposes of this section—
(a)
“religion” means any religion,
(b)
“belief” means any religious or philosophical belief,
(c)
a reference to religion includes a reference to lack of religion,
and
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(d)
a reference to belief includes a reference to lack of belief.”
72
Further amendments relating to travel to schools etc
Schedule 10 contains further amendments relating to travel to schools and
other places where education or training is received.
Food and drink provided on school premises etc
30
73
Provision of food and drink on school premises etc
(1)
For section 114 of SSFA 1998 (nutritional standards for school lunches) and the
cross-heading preceding it substitute—
“Food and drink provided on school premises etc
114A
Requirements for food and drink provided on school premises etc
35
(1)
Regulations may prescribe requirements which, subject to such
exceptions as may be provided for by or under the regulations, are to
be complied with in connection with—
(a)
food or drink provided on the premises of any school
maintained by a local education authority, or
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Education and Inspections Bill
Part 6 — School travel and school food
57

(b)
food or drink provided at a place other than school premises by
a local education authority or the governing body of a school
maintained by such an authority to any registered pupil at the
school.
(2)
Regulations under this section may in particular—
5
(a)
specify nutritional standards, or other nutritional requirements,
which are to be complied with;
(b)
require that drinking water is to be available, free of charge, on
the premises of any school maintained by a local education
authority;
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(c)
require that specified descriptions of food or drink are not to be
provided.
(3)
Requirements prescribed by virtue of subsection (1)(a) do not apply to
food or drink brought on to the premises of a school maintained by a
local education authority where the food or drink is brought on to those
15
premises by any person for his own consumption.
(4)
Where a local education authority or the governing body of a school
maintained by such an authority provide food or drink—
(a)
to anyone on the premises of the school, or
(b)
to any registered pupil at the school at a place other than school
20
premises,

that authority or, as the case may be, that governing body must secure
that any applicable provisions of the regulations are complied with.
(5)
Subsection (4) applies whether the food or drink is provided in
pursuance of any statutory requirement or otherwise.
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(6)
Where—
(a)
food or drink is provided on the premises of a school
maintained by a local education authority,
(b)
the provision is by a person (“X”) other than the authority or the
governing body of the school, and
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(c)
X uses or occupies the whole or a part of the premises in
circumstances related to a use or occupation agreement made
(whether by X or any other person) with the authority or the
governing body,

that authority or, as the case may be, that governing body must secure
35
that any applicable provisions of the regulations are complied with.
(7)
A “use or occupation agreement”, in relation to the premises of a
school, is an agreement or other arrangement relating to the use or
occupation of the whole or any part of the premises.
(8)
Without prejudice to the generality of section 138(7), regulations under
40
this section may prescribe—
(a)
different requirements in relation to different classes or
descriptions of school as specified in the regulations;
(b)
different requirements in connection with food or drink
provided by or to different classes or descriptions of person as
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specified in the regulations;
(c)
requirements which apply during different periods of the day
as specified in the regulations.

Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 1 — School Discipline
58

(9)
A “place other than school premises” means a place other than the
premises of any school maintained by a local education authority.
(10)
References in this section to food or drink provided by a local education
authority or the governing body of a school include references to food
or drink provided in pursuance of an agreement or other arrangement
5
made by such an authority or body for the provision of food or drink.”
(2)
In section 512(4) of EA 1996 (LEA functions concerning provision of meals), for
“section 114(2) of the School Standards and Framework Act 1998 (lunches
provided by LEAs to meet nutritional standards)” substitute “section 114A(4)
of the School Standards and Framework Act 1998 (requirements for food and
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drink provided on school premises etc)”.
(3)
Any regulations made under section 114 of SSFA 1998 which have effect
immediately before the commencement of this section have effect after that
commencement as if made under section 114A of that Act (as substituted by
subsection (1)).
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74
Power to charge for provision of meals etc
(1)
In section 512ZA of EA 1996 (duty of LEA to charge for meals etc)—
(a)
in subsection (1), for “shall” substitute “may”,
(b)
in subsection (2), for “A local education authority shall” substitute
“Where a local education authority exercise the power to charge under
20
subsection (1), they must”, and
(c)
in the heading, for “Duty” substitute “Power”.
(2)
In section 533 of EA 1996 (duties of governing bodies with respect to provision
of school meals etc)—
(a)
in subsection (3), for the words from “shall” to the end substitute “may
25
charge for anything so provided.”,
(b)
after that subsection, insert—
“(4)
Where the governing body of a school exercise the power to
charge under subsection (3), they must charge every person the
same price for the same quantity of the same item.”, and
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(c)
in the heading, for “Duties” substitute “Functions”.
Part 7
Discipline, behaviour and exclusion
Chapter 1
School Discipline
35
Certain schools required to have behaviour policy
75
Responsibility of governing body for discipline
(1)
The governing body of a relevant school must ensure that policies designed to
promote good behaviour and discipline on the part of its pupils are pursued at
the school.
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Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 1 — School Discipline
59

(2)
In particular, the governing body—
(a)
must make, and from time to time review, a written statement of
general principles to which the head teacher is to have regard in
determining any measures under section 76(1), and
(b)
where they consider it desirable that any particular measures should be
5
so determined by the head teacher or that he should have regard to any
particular matters—
(i)
shall notify him of those measures or matters, and
(ii)
may give him such guidance as they consider appropriate.
(3)
Before making or revising the statement required by subsection (2)(a) the
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governing body must consult (in such manner as appears to them to be
appropriate)—
(a)
the head teacher,
(b)
such other persons who work at the school (whether or not for
payment) as it appears to the governing body to be appropriate to
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consult,
(c)
parents of registered pupils at the school, and
(d)
a sample of the registered pupils at the school.
(4)
In exercising their functions under subsection (2) the governing body must
have regard to any guidance given from time to time—
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(a)
in relation to England, by the Secretary of State, and
(b)
in relation to Wales, by the Assembly.
(5)
In this section and section 76—
“relevant school” means—
(a)
a community, foundation or voluntary school,
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(b)
a community or foundation special school,
(c)
a maintained nursery school,
(d)
a pupil referral unit, or
(e)
a school approved by the Secretary of State or the Assembly
under section 342 of EA 1996 (approval of non-maintained
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special schools);
“governing body”, in relation to a school approved by the Secretary of
State or the Assembly under section 342 of EA 1996, means the
proprietor of the school.
76
Determination by head teacher of behaviour policy
35
(1)
The head teacher of a relevant school must determine measures, which may
include the making of rules and provision for disciplinary penalties (as defined
by section 77), to be taken with a view to—
(a)
promoting, among pupils, self-discipline and proper regard for
authority,
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(b)
encouraging good behaviour and respect for others on the part of
pupils and, in particular, preventing all forms of bullying among
pupils,
(c)
securing that the standard of behaviour of pupils is acceptable,
(d)
securing that pupils complete any tasks reasonably assigned to them in
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connection with their education, and
(e)
otherwise regulating the conduct of pupils.

Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 1 — School Discipline
60

(2)
The head teacher must in determining such measures—
(a)
act in accordance with the current statement made by the governing
body under section 75(2)(a), and
(b)
have regard to any notification or guidance given to him under section
75(2)(b).
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(3)
The standard of behaviour which is to be regarded as acceptable must be
determined by the head teacher, so far as it is not determined by the governing
body.
(4)
The measures which a head teacher determines under subsection (1) may, to
such extent as is reasonable, include measures taken with a view to regulating
10
the conduct of pupils at a time when they are not on the premises of the school
and are not under the lawful control or charge of a member of the staff of the
school.
(5)
The measures determined by the head teacher under subsection (1) must be
publicised by him in the form of a written document as follows—
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(a)
he must make the measures generally known within the school and to
parents of registered pupils at the school, and
(b)
he must in particular, at least once in every school year, take steps to
bring them to the attention of all such pupils and parents and all
persons who work at the school (whether or not for payment).
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Enforcement of discipline (including compliance with instructions)
77
Meaning of “disciplinary penalty”
(1)
In this Chapter, “disciplinary penalty” means a penalty imposed on a pupil, by
any school at which education is provided for him, where his conduct falls
below the standard which could reasonably be expected of him (whether
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because he fails to follow a rule in force at any such school or an instruction
given to him by a member of its staff or for any other reason).
(2)
In subsection (1), the reference to conduct, in relation to a pupil, includes—
(a)
conduct which occurs at a time when the pupil is not on the premises
of a school and is not under the lawful control or charge of a member of
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the staff of a school, but only to the extent that it is reasonable for the
school imposing the penalty to regulate the pupil’s conduct at such a
time, and
(b)
conduct which consists of a failure by the pupil to comply with a
penalty previously imposed on him.
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78
Enforcement of disciplinary penalties: general
(1)
This section applies in relation to a disciplinary penalty imposed on a pupil by
any school at which education is provided for him, other than a penalty which
consists of exclusion.
(2)
The imposition of the disciplinary penalty is lawful if the following three
40
conditions are satisfied.
(3)
The first condition is that the imposition of the penalty on the pupil—
(a)
is not in breach of any statutory requirement or prohibition, and
(b)
is reasonable in all the circumstances.

Education and Inspections Bill
Part 7 — Discipline, behaviour and exclusion
Chapter 1 — School Discipline
61

(4)
The second condition is that the decision to impose the penalty on the pupil
was made—
(a)
by any paid member of the staff of the school, or
(b)
by any other member of the staff of the school, in circumstances where
the head teacher has authorised the member of the staff to impose the
5
penalty on the pupil and it was reasonable for the head teacher to do so.
(5)
The third condition is that the decision to impose the penalty was made, and
any action taken on behalf of the school to implement the decision was taken—
(a)
on the premises of the school, or
(b)
elsewhere at a time when the pupil was under the lawful control or
10
charge of a member of staff of the school.
(6)
In determining for the purposes of subsection (3)(b) whether the imposition of
the penalty is reasonable, the following matters must be taken into account—
(a)
whether the imposition of the penalty constitutes a proportionate
punishment in the circumstances of the case, and
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(b)
any special circumstances relevant to its imposition on the pupil which
are known to the person imposing it (or of which he ought reasonably
to be aware) including in particular—
(i)
the pupil’s age,
(ii)
any special educational needs he may have,
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(iii)
any disability he may have, and
(iv)
any religious requirements affecting him.
(7)
For the purposes of subsection (6)(b)(iii) a pupil has a disability if he has a
disability for the purposes of the Disability Discrimination Act 1995 (c. 50).
(8)
A determination or authorisation by the head teacher for the purpose of
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subsection (4)(a) or (b) may be made—
(a)
in relation to a particular member of staff or members of staff of a
particular description;
(b)
in relation to a particular disciplinary penalty or disciplinary penalties
of a particular description;
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(c)
in relation to a particular pupil or pupils of a particular description or
generally in relation to pupils.
(9)
Where the disciplinary penalty is detention outside normal school hours, this
section has effect subject to section 79.
(10)
Nothing in this section authorises anything to be done in relation to a pupil
35
which constitutes the giving of corporal punishment within the meaning of
section 548 of EA 1996.
(11)
This section is not to be construed as restricting what may lawfully be done
apart from this section.
(12)
In this section, “paid member of the staff”, in relation to a school, means any
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member of the staff who works at the school for payment, whether under a
contract of employment or a contract for services; and, for this purpose, it is
immaterial whether the contract of employment or contract for services is
made with the governing body or proprietor of the school or with any other
person.
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