The Language of Education Law in England And/or Wales
| DOI | 10.1093/slr/hms021 |
| Date | 24 April 2012 |
| Pages | 252-280 |
| Year | 2012 |
| Published By | Oxford University Press |
Statute Law Review0(0), 1 – 29, doi:10.1093/slr/hms021
© The Author 2012. Published by Oxford University Press. All rights reserved.
For permissions, please e-mail: journals.permissions@oup.com.
1
The Language of Education Law in
England and/or Wales
C.F. HUWS
1. Introduction
In an article titled ‘ What is the plain and ordinary meaning of the law? Are you
sure about that? ’ it was argued that an understanding of linguistic semantics and
pragmatics enable the lawyer better to understand why meaning in law may be
shared between writer and reader and also the way in which legal meanings may
be ambiguous in ways other than those envisaged by the rules of statutory inter-
pretation. It was further posited that the contribution of a dual legislature to a
single legal text creates semantic and pragmatic variation that may be signifi cant
in terms of explaining the ethos and culture of the territory within which the
legislature operates.
The objective of this article therefore is to explore these arguments further
by unpicking the semantic and pragmatic content of Part I of the Education
Act 1996.
1 This article forms part of a projected body of more extensive work on
Education Law in England and Wales.
2. Education Law in England and Wales
The law relating to education in England and Wales both as a single jurisdiction
and as two distinct legislative territories operates within the same legal frame-
work of individual and consolidating statutes. Nevertheless, education is an area
of law where, even under the regime of devolution introduced by the Govern-
ment of Wales Act 1998
2 which only granted secondary legislative powers to the
National Assembly for Wales, there has been an extensive transfer of legislative
functions to Wales. Since Part IV of the Government of Wales Act 2006
3 was
1 (1996 c.56).
2 (1998 c.38).
3 (2006 c.32).
252
Statute Law Review 33(2), 252–280, doi:10.1093/slr/hms021
© The Author 2012. Published by Oxford University Press. All rights reserved.
For permissions, please e-mail: journals.permissions@oup.com
Advance Access Publication April 24, 2012
S tatute L aw R eview
2
implemented in 2011, the National Assembly for Wales is able to pass primary
legislation on 20 matters
4 within its legislative competence, one of which is edu-
cation.
5 This, coupled with the current political context where there are different
political parties in government in Wales and Westminster , means that the scope for
education law in England and education law to diverge has increased substantially.
There are currently 17 statutes in force that relate to education in England and
Wales. The sole focus of this article , however , is Part I of the Education Act 1996.
The 1996 Act is the backbone of the current law on education in England and
Wales. It is, in part, a consolidation of earlier legislation on education enacted
between 1944 and 1996 (primarily the Education Act 1944
6 and the Further and
Higher Education Act 1992
7 ). However it also introduces new provisions follow-
ing recommendations made by the Law Commission. Since 1996, education has
also been the subject of further legislation, but these more recent Acts have
tended to focus on specifi c areas of education such as assessments and school
inspections, or specifi c groups of learners, for example , those who are below
compulsory school age (as defi ned in section 8 of the Education Act 1996) or
those who are pursuing further and higher education.
The Education Act 1996 on the other hand deals with education generally and
most of its provisions are applicable to most schools (primary and secondary,
maintained and independent), and to all pupils within those schools, rather
than those who have specifi c additional requirements or those in particular
circumstances.
In terms of analysing the impact of a dual legislature, the Education Act 1996
is also the most complex. Later statutes, even where they apply to England and
Wales collectively, tend to present a clear distinction between the law that applies
in England and the law that applies in Wales by dividing the statute into separate
parts, but as the Education Act 1996 predates devolution, the drafters of this Act
had no need to demarcate the law of Wales and the law of England as being
different. However, later legislation, specifi cally the Apprenticeships Skills,
Children and Learning Act 2009,
8 the Children, Schools and Families Act 2010
9
and the Education Act 2011 ,
10 has amended the Education Act 1996, and this has
meant that some sections have been repealed in relation to England, with amend-
ments inserted, while other sections have been repealed in relation to Wales, with
different amendments introduced. Furthermore, a large body of subordinate
legislation created pursuant to the Act has resulted in further distinctions emer-
ging between the law in England and the law in Wales.
Part I of the Education Act 1996 currently contains 28 sections that are cur-
rently either in force or due to come into force. Seven of these apply to England
4 Government of Wales Act 2006, s 107.
5 Government of Wales Act 2006, Schedule 7, Part I, para. 5.
6 (1944 c.31).
7 (1992 c.13).
8 (2009 c.22).
9 (2010 c.26).
10 (2011 c.21).
The Language of Education Law 253
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