Search Legislation

Advanced Search

Education Act 2002

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Education Act 2002. For more information about understanding Explanatory Notes click here.

  1. Introduction

  2. Summary and Background

    1. Territorial Coverage

      1. Part 1:  Provision for New Legal Frameworks

        1. Chapter 1 of Part 1:  Powers to facilitate innovation

        2. Chapter 2 of Part 1: Exemptions related to school performance

        3. Chapter 3 of Part 1:  Powers to form companies

      2. Part 2: Financial Assistance for Education and Childcare

      3. Part 3:  Maintained schools

        1. Chapter 1 of Part 3:  Government of Maintained Schools

        2. Chapter 2 of Part 3:  Financing of Maintained Schools

        3. Chapter 3 of Part 3: Admissions, Exclusions and Attendance

      4. Part 4: Powers of Intervention

      5. Part 5: School Organisation

      6. Part 6: The Curriculum in England

      7. Part 7: The Curriculum in Wales

      8. Part 8: Teachers

      9. Part 9:  Childcare and Nursery Education

      10. Part 10:  Independent Schools

      11. Part 11:  Miscellaneous and General

  3. Overview

  4. Commentary on Sections and Schedules

    1. Part 1 – Provision for New Legal Frameworks

      1. Chapter 1 – Powers to facilitate innovation

        1. Sections 1 to 5

        2. Sections 1-5: Powers to facilitate innovation

      2. Chapter 2 – Exemptions related to school performance

        1. Sections 6 to 10

        2. Sections 6 to 10: Exemptions related to school performance

      3. Chapter 3 – Powers to form companies

        1. Sections 11 to 13

        2. Section 11: Powers of governing bodies to form or invest in companies to provide services

        3. Section 12: Limits on powers conferred by section 11

        4. Section 13: General powers of Secretary of State in relation to companies

    2. Part 2 – Financial Assistance for Education and Childcare

      1. Sections 14 to 18

      2. Sections 14 to 18: Financial assistance for education and childcare

    3. Part 3 – Maintained Schools

      1. Chapter 1 – Government of maintained schools

        1. Sections 19 to 40

        2. Section 19 and Schedule 1: Governing Bodies

        3. Section 20: Instruments of government

        4. Section 21: General responsibility for conduct of school

        5. Section 22: Training and support of governors

        6. Section 23: Clerk to the governing body

        7. Sections 24 and 25: Federations of schools and supplementary provisions

        8. Section 26: Collaboration between schools

        9. Sections 27 and 28: power of governing body to provide community facilities

        10. Section 29: Additional functions of governing body

        11. Section 30: Governors’ reports and other information

        12. Section 31: Control of school premises

        13. Section 32: Responsibility for fixing dates of terms and holidays and times of sessions

        14. Section 33: Annual parents’ meeting

        15. Section 34: Arrangements for government of new schools

        16. Section 35:  Staffing of community, voluntary controlled, community special and maintained nursery schools

        17. Section 36: Staffing of foundation, voluntary aided and foundation special schools

        18. Schedule 2Part 1: Effect on staffing of suspension of delegated budget: Community, voluntary controlled, community special and maintained nursery schools

        19. Schedule 2Part 2: Effect on staffing of suspension of delegated budget: Foundation, voluntary aided and foundation special schools

        20. Section 37: Payments in respect of dismissal,

        21. Section 38: Communication with schools

        22. Section 39: Interpretation of Chapter 1

        23. Section 40: Amendments of Part 2 of School Standards and Framework Act 1998

      2. Determination of budgets

        Chapter 2 – Financing of maintained schools

        1. Sections 41 to 43

        2. Sections 41 to 43: Determination of specified budgets of LEA, power of Secretary of State to set minimum schools budget and Schools Forums

        3. Accounts and financial statements

          1. Sections 44 and 45

          2. Sections 44 and 45: Accounts of maintained schools and financial statements

      3. Admission arrangements

        Chapter 3 – Admissions, exclusions and attendance

        1. Sections 46 to 51

        2. Section 46: Admission forums

        3. Section 47: Admission numbers

        4. Section 48: Co-ordination of admission arrangements

        5. Section 49: Repeal of power to make certain special arrangements for preserving religious character

        6. Section 50: Admission Appeals

        7. Section 51: Further amendments relating to admission arrangements

        8. Exclusion of pupils

          1. Section 52

          2. Section 52: Exclusion of pupils

        9. Attendance targets

          1. Section 53

          2. Section 53: Attendance targets

    4. Part 4 – Powers of Intervention

      1. Schools causing concern

        1. Sections 54 to 59

        2. Section 54: Duty to notify where inspection shows school causing concern

        3. Section 55: Cases in which powers of intervention exercisable

        4. Section 56: Power of the Secretary of State to appoint additional governors or direct closure

        5. Schedule 5: Amendments consequential on sections 55 and 56

        6. Section 57: Power of LEA to provide for governing body to consist of interim executive members

        7. Section 58: Power of Secretary of State to provide for governing body to consist of interim executive members

        8. Section 59: Governing Bodies consisting of interim executive members

        9. Schedule 6: Governing Bodies consisting of interim executive members – to be inserted in the School Standards and Framework Act as Schedule 1A

      2. Local education authorities

        1. Sections 60 to 64

        2. Section 60: Powers of Secretary of State to secure proper performance of LEA’s functions

        3. Section 61: Power to secure proper performance: duty of authority where directions contemplated

        4. Section 62: Power to secure proper performance: further provisions

        5. Section 63: Power to require LEA to obtain advisory service

        6. Section 64: Provisions supplementary to section 63

    5. Part 5 – School Organisation

      1. Academies and city colleges

        1. Sections 65 to 69

        2. Section 65 and Schedule 7: Academies

        3. Section 66: Arrangements for the admission of pupils to Academies

        4. Section 67: Conversion of city academies into Academies

        5. Section 68: City colleges

        6. Section 69: Uniform statutory trusts

      2. Proposals to establish, alter or discontinue schools

        1. Sections 70 to 75

        2. Section 70 and Schedule 8: Proposals for additional secondary schools

        3. Section 71: Duty of LEAs to secure proposals

        4. Section 72 and Schedule 9: Proposals relating to sixth forms

        5. Section 73: Proposals by governing bodies of community schools

        6. Section 74: Proposals for establishment of federated school

        7. Section 75 and Schedule 10: Changes to existing procedures

    6. Part 6 – the Curriculum in England

      1. Preliminary

        1. Sections 76 and 77

        2. Section 76: Interpretation of Part 6

        3. Section 77: Meaning of ‘nursery education’ and related expressions

      2. General duties in respect of the curriculum

        1. Sections 78 to 80

        2. Sections 78 and 79: General requirements in relation to curriculum and duty to implement general requirements

        3. Section 80: Basic curriculum for every maintained school in England

      3. The National Curriculum for England

        1. Sections 81 to 89

        2. Section 81 and 82: The foundation stage; The key stages

        3. Section 83: Curriculum requirements for the foundation stage

        4. Sections 84 to 86: The key stages in England and the power to alter or remove requirements for the fourth key stage

        5. Section 87: Establishment of the National Curriculum for England by order

        6. Section 88: Implementation of the National Curriculum for England in schools

        7. Section 89: Implementation in respect of nursery schools

      4. The National Curriculum for England: special cases

        1. Sections 90 to 95

        2. Sections 90 to 95

      5. Supplementary provisions

        1. Section 96

        2. Section 96: Procedure for making certain orders and regulations

    7. Part 7 – the Curriculum in Wales

      1. Preliminary

        1. Sections 97 and 98

        2. Sections 97 and 98: Interpretation of Part; meaning of “nursery education” and related expressions

      2. General duties in respect of the curriculum

        1. Sections 99 to 101

        2. Sections 99 and 100: General requirements in relation to the curriculum and duty to implement general requirements

        3. Section 101: Basic curriculum for every maintained school in Wales

      3. The National Curriculum for Wales

        1. Sections 102 to 110

        2. Sections  102 and 103: The foundation stage; The key stages in Wales

        3. Section 104: Curriculum requirements for the foundation stage

        4. Sections 105 to 107: The key stages in Wales and the power to alter or remove requirements for the fourth key stage

        5. Section 108: Establishment of the National Curriculum for Wales by order

        6. Section 109: Implementation of the National Curriculum for Wales in schools

        7. Section 110: Implementation in respect of nursery schools

      4. The National Curriculum for Wales: special cases

        1. Sections 111 to 116

        2. Sections 111 to 116

      5. Supplementary provisions

        1. Sections 117 and 118

        2. Section 117: Procedure for making certain orders and regulations

        3. Section 118: Programmes of research in relation to Wales

    8. Part 8 – Teachers

      1. Teachers' Pay and Conditions

        1. Sections 119 to 130

        2. Section 119 & Schedule 11: School Teachers' Review Body

        3. Section 120: Review Body: function

        4. Section 121: Consultation by Review Body

        5. Section 122: Power to prescribe pay and conditions

        6. Section 123: Order under section 122: scope

        7. Section 124: Order under section 122: supplemental

        8. Section 125: Reference to Review Body

        9. Section 126: Consultation by the Secretary of State

        10. Section 127: Guidance

        11. Section 128: Education action zone

        12. Section 129: Transfer of employment

        13. Section 130: Repeal

      2. School Teachers’ Appraisal

        1. Section 131

        2. Section 131:  Appraisal

      3. School Teachers’ qualifications

        1. Sections 132 to 135

        2. Section 132: Qualified teacher status

        3. Section 133: Requirement to be qualified

        4. Section 134: Requirement to be registered

        5. Section 135: Head teachers

      4. Further education

        1. Sections 136 to 140

        2. Section 136: Provision of education

        3. Section 137: Principals of further education institutions

        4. Section 138: Training in provision of further education

        5. Section 139: Wales: provision of higher education

        6. Section 140: Further education: general

      5. Health and fitness

        1. Section 141

        2. Section 141: Health and fitness

      6. Misconduct

        1. Sections 142 to 144

        2. Section 142: Prohibition from teaching

        3. Section 143: Directions under section 142: contractor, agency,

        4. Section 144: Directions under section 142: appeal

        5. Sections 132 to 140: general

        6. Sections 145 and 146

        7. Section 145: Specification of qualification

        8. Section 146: Repeal of sections 218 and 218A of the Education Reform Act 1988

      7. 1999 Pay document

        1. Section 147

        2. Section 147: Application of pay-scale

      8. General Teaching Councils for England and Wales

        1. Section 148

        2. Section 148 and Schedule 12: The General Teaching Councils

    9. Part 9 – Childcare and Nursery Education

      1. Childcare

        1. Sections 149 to 152

        2. Sections 149 and 150: Duties of LEA in respect of childcare; Early years development partnerships and plans

        3. Section 151: Childcare functions of HMCI and National Assembly for Wales

        4. Section 152 and Schedule 13: Regulation of child minding and day care

      2. Nursery Education

        1. Sections 153 to 156

        2. Section 153: Powers of LEA in respect of funded nursery education

        3. Section 154: Establishment or alteration of maintained nursery schools

        4. Section 155 and Schedule 14: Inspection of nursery education

        5. Section 156: Meaning of “nursery school” and “primary education”

    10. Part 10 – Independent Schools

      1. Chapter 1 – Regulation of independent schools

        1. Sections 157-171

          Standards

        2. Section 157

        3. Section 157: Independent school standards

        4. Requirement of registration

          1. Sections 158 and 159

          2. Section 158: The registers

          3. Section 159: Unregistered schools

        5. Registration procedure

          1. Sections 160 and 161

          2. Sections 160 and 161: Applications for registration and Determination of applications for registration

        6. Enforcement of prescribed standards after registration

          1. Sections 162 to 167

          2. Section 162: Changes to registered details

          3. Section 163: Power to inspect registered schools

          4. Section 164: Inspections: supplementary

          5. Section 165: Failure to meet standards

          6. Sections 166 and 167: Appeals and determination of appeals

        7. Supplementary

          1. Sections 168 to 171

          2. Section 168: Provision of information

          3. Section 169: Unsuitable persons

          4. Sections 170 to 171: Service of notice and Interpretation of Chapter 1

        8. Children with special educational needs

          1. Sections 172 to 174

          2. Section 172: Alteration to definition of “independent school”

          3. Section 173: Right of access of LEA

          4. Section 174: Consent to placement

    11. Part 11 – Miscellaneous and General

      1. General duties of LEAs and governing bodies

        1. Sections 175 and 176

        2. Section 175: Duties of LEAs and governing bodies in relation to the welfare of children

        3. Section 176: Consultation with pupils

      2. Education and training outside schools

        1. Sections 177 to 178

        2. Section 177: Meaning of “secondary education”

        3. Section 178: Training and education provided in the workplace for 14 to 16 year olds

        4. Section 179: Rights of entry in relation to inspections

        5. Section 180: Inspections of LEAs: rights of entry

      3. Allowances in respect of education or training

        1. Sections 181 to 185

        2. Section 181 and 182: Allowances in respect of education or training; learning agreements

        3. Sections 183 to 185: Transfer of functions relating to allowances under section 181; Delegation of functions relating to allowances; Supplementary provisions relating to transfer or delegation of functions

      4. Student Loans

        1. Section 186

        2. Section 186: Student Loans

      5. Education Action Zones

        1. Section 187

        2. Section 187 and Schedule 15: Education Action Zones

      6. School Inspections

        1. Section 188

        2. Section 188: School Inspections and Schedule 16

      7. Qualifications

        1. Sections 189 and 190

        2. Section 189: Amendments of Part 5 of Education Act 1997

        3. Section 190: LEA functions: qualifications

      8. Special Educational Needs: Wales

        1. Sections 191 to 195

        2. Section 191: Regional provision for special educational needs in Wales

        3. Section 192: Directions to bring forward proposals to secure regional provision

        4. Section 193: Powers of Assembly to make proposals to secure regional provision

        5. Section 194: Welsh LEAs’ powers to make regional provision

        6. Section 195: The Special Educational Needs Tribunal for Wales

      9. Other provisions relating only to Wales

        1. Sections 196 to 198

        2. Section 196: Publication and provision of material

        3. Section 197: Partnership agreements and statements

        4. Section 198: Transition from primary to secondary school

      10. Provision of services

        1. Sections 199 to 101

        2. Section 199 and Schedule 19: Transport for persons over compulsory school age

        3. Section 200: Remission of charges relating to residential trips

        4. Section 201: LEA functions concerning school lunches, milk

      11. Miscellaneous

        1. Sections 202 to 209

        2. Section 202: Further education institutions: records

        3. Section 203: Further education institution: hazardous material,

        4. Section 204: Baseline assessments

        5. Section 206 and Schedule 20: Nuisance or disturbance on educational premises

        6. Sections 207 and 208: Recoupment: adjustment between LEAs and special cases

        7. Section 209: Paid chairmen for local learning and skills councils

      12. General

        1. Sections 210 to 217

        2. Section 210: Orders and regulations

        3. Section 211: Wales

        4. Section 214: Transitional provisions

        5. Section 215: Minor and consequential amendments and repeals

        6. Section 216: Commencement

  5. Hansard References

  • Explanatory Notes Table of contents

Back to top

Options/Help

Print Options

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources