OpenLegislation

Section 10 Requirements as to school premises.C1C2

England and Wales

(1)

The F1Secretary of State for Education and Science shall make regulations prescribing the standards to which the premises of schools maintained by local education authorities F2and of grant-maintained schools are to conform, and such regulations may prescribe different standards for such descriptions of schools as may be specified in the regulations.

(2)

Subject as hereinafter provided, it shall be the duty of a local education authority to secure that the premises of every school maintained by them F3or, in the case of a grant-maintained school, the duty of the governing body of the school to secure that the premises of the school conform to the standards prescribed for schools of the description to which the school belongs:

F4Provided that, if the Secretary of State for Education and Science is satisfied with respect to any school—

(a)

that having regard to the nature of the existing site or to any existing buildings thereon or to other special circumstances affecting the school premises it would be unreasonable to require conformity with a requirement of the regulations as to any matter, or

(b)

where the school is to have an additional or new site that, having regard to shortage of suitable sites it would be unreasonable to require conformity with a requirement of the regulations relating to sites, or

(c)

where the school is to have additional buildings or is to be transferred to a new site, and existing buildings not theretofore part of the school premises, or temporary buildings, are to be used for that purpose, that F5having regard to the need to control public expenditure in the interests of the national economy it would be unreasonable to require conformity with a requirement of the regulations relating to buildings,

he may give a direction that, notwithstanding that that requirement is not satisfied, the school premises shall, whilst the direction remains in force, be deemed to conform to the prescribed standards as respects matters with which the direction deals if such conditions, if any, as may be specified in the direction as respects those matters are observed.

Annotations

Textual amendments

F1

Words substituted by virtue of S.I. 1964/490, art. 3(2)(a)

F2

Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 1(2)

F3

Words inserted by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(1), Sch. 12 para. 1(3)

F4

S. 10(2) proviso substituted retrospectively by Education (Miscellaneous Provisions) Act 1948 (c. 40), s. 7(1)(3)

F5

Words substituted by Education Act 1968 (c. 17), s. 3(3)

Modifications

C1

S. 10 applied (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt.I.

C2

S. 10 applied (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt.I.

Notes on the whole Act

Textual amendments

F1

Act repealed (1.11.1996) by 1996 c. 56, ss. 582(2)(3), Sch. 38 Pt.I.