Education Act 2002 Explanatory Notes

  • Explanatory Notes Table of contents
  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 , 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 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 ’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 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 s 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 in respect of childcare; Early years development partnerships and plans

        3. Section 151: Childcare functions of 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 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

          4. Section 174: Consent to placement

    11. Part 11 – Miscellaneous and General

      1. General duties of s and governing bodies

        1. Sections 175 and 176

        2. Section 175: Duties of s 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 s: 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: 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 s’ 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: 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 s 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

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