Section 551C Power to exempt schools from duty under section 551B(1)F1

England and Wales Not yet in force

(1)

The Secretary of State may, on an application made by the appropriate authority of a relevant school, by notice given to the appropriate authority designate the school as one to which the duty under section 551B(1) does not apply.

(2)

Before making an application under subsection (1), the appropriate authority of a relevant school must consult—

(a)

parents of qualifying primary pupils at the school, and

(b)

the local authority for the area in which the school is situated.

(3)

An application under subsection (1) must be made in accordance with such requirements as may be prescribed.

(4)

The Secretary of State may designate a relevant school under subsection (1) only if satisfied that requiring the appropriate authority to discharge the duty under section 551B(1)—

(a)

would seriously prejudice the efficient use of resources, or

(b)

would be contrary to the best interests of qualifying primary pupils at the school,

having regard to the particular circumstances of the school or of qualifying primary pupils at the school or any other relevant factor.

(5)

A designation under subsection (1) has effect for the period specified in the notice under that subsection (and the period may be indefinite).

(6)

A designation under subsection (1) may be varied or revoked by a further designation.

(7)

The Secretary of State must—

(a)

keep a list of relevant schools in relation to which a designation under subsection (1) has effect, and

(b)

make the list publicly available.

Annotations

Textual amendments

F1: Ss. 551B-551D and cross-heading inserted (15.7.2026 but only for the insertion of s. 551B(2)-(7)) by Children’s Wellbeing and Schools Act 2026 (c. 21), ss. 30, 78(5); S.I. 2026/803, reg. 3(i)