Education Act 2002 Explanatory Notes

Overview

41.The Act is divided into 11 Parts and has 217 sections and 22 Schedules.

42.Part 1 introduces new legal frameworks, including powers to promote innovation.

43.Part 2 makes provision for financial assistance, and repeals a significant number of powers to fund education, replacing them with a single general one.

44.Part 3 makes provision for the governance of maintained schools, replacing Chapter 3 of Part 2 of the School Standards and Framework Act 1998 (SSFA); for the financing of maintained schools, amending Chapter 4 of Part 2 of the SSFA; for the staffing of maintained schools, amending Chapter 5 of Part 2 of the SSFA; for admissions to maintained schools, amending Chapter 1 of Part 3 of the SSFA; and for exclusion of pupils.

45.Part 4 makes provision for intervention in schools causing concern and LEAs.

46.Part 5 introduces ‘Academies’, making changes to the EA 96 and to the Learning and Skills Act 2000 (LSA); and makes changes to provisions for the establishment, alteration and discontinuance of schools in Chapter 2 of Part 2 of the SSFA.

47.Part 6 replaces for England curriculum provisions in Part 5 of the EA 96.

48.Part 7 replaces for Wales curriculum provisions in Part 5 of the EA 96.

49.Part 8 makes provision with respect to teachers, repealing the STPCA and making provision for teachers’ pay and conditions, repealing section 218 of the Education Reform Act 1988 (ERA), and making new provision for teachers’ qualifications.

50.Part 9 makes adjustments to provision with respect to nursery education and childcare in the Children Act 1989 (CA) and the SSFA.

51.Part 10 makes provision with respect to independent schools, and replaces Chapter 2 of Part 7 of the EA 96.

52.Part 11 makes miscellaneous and general provisions.

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