Search Legislation

Education Act 2002

Status:

This is the original version (as it was originally enacted).

Education and training outside schools

177Meaning of “secondary education”

(1)Section 2 of the Education Act 1996 (c. 56) (definition of primary, secondary and further education) is amended as follows.

(2)In subsection (2B) (which extends “secondary education” to include education received partly at a school and partly at another institution)—

(a)in paragraph (b), after “another institution” there is inserted “or any other establishment”, and

(b)after “other institution” there is inserted “or establishment”.

(3)After subsection (6) there is inserted—

(6A)In the context of the definitions of secondary education and further education, references in this section to education include vocational, social, physical and recreational training.

(4)The Education Acts shall have effect in their application to persons receiving secondary education within section 2(2B) of the Education Act 1996 (c. 56) with such modifications as may be specified in an order under this subsection.

(5)The power to make an order under subsection (4) is exercisable—

(a)in relation to England, by the Secretary of State, and

(b)in relation to Wales, by the National Assembly for Wales.

178Training and education provided in the workplace for 14 to 16 year olds

(1)The Learning and Skills Act 2000 (c. 21) is amended as follows.

(2)In section 5 (provision of financial resources)—

(a)after subsection (1)(e) there is inserted—

(ea)persons providing or proposing to provide, wholly or partly at the premises of an employer, education or training that is suitable to the requirements of pupils who—

(i)have attained the age of 15 or will attain that age in the current school year, but

(ii)have not ceased to be of compulsory school age;, and

(b)after subsection (3) there is inserted—

(4)For the purposes of subsection (1)(ea) “compulsory school age”, “pupil” and “school year” have the same meaning as in the Education Act 1996.

(3)In section 65 (area inspections in England)—

(a)in subsection (1)(a) for “16” there is substituted “15”, and

(b)after subsection (9) there is inserted—

(10)In subsection (1)(a) “persons who are aged 15” includes persons for whom education is being provided at a school who will attain that age in the current school year; and for this purpose “school” and “school year” have the same meaning as in the Education Act 1996.

(4)In section 83 (area inspections in Wales)—

(a)in subsection (1)(a) for “16” there is substituted “15”, and

(b)after subsection (10) there is inserted—

(11)In subsection (1)(a) “persons who are aged 15” includes persons for whom education is being provided at a school who will attain that age in the current school year; and for this purpose “school” and “school year” have the same meaning as in the Education Act 1996.

179Rights of entry in relation to inspections

(1)The School Inspections Act 1996 (c. 57) is amended as follows.

(2)In section 2 (functions of the Chief Inspector for England)—

(a)after subsection (8) (rights of entry etc.) there is inserted—

(8A)For the purposes of the exercise of any function conferred by or under this section the Chief Inspector for England shall have at all reasonable times—

(a)a right of entry to any premises (other than school premises) on which, by virtue of arrangements made by a school in England, any pupils who—

(i)are registered at the school, and

(ii)have attained the age of 15, or will attain that age in the current school year, but have not ceased to be of compulsory school age,

are provided with part of their education by any person (“the provider”);

(b)a right of entry to any premises of the provider used in connection with the provision by him of that education; and

(c)a right to inspect and take copies of—

(i)any records kept by the provider relating to the provision of that education, and

(ii)any other documents containing information so relating,

which the Chief Inspector requires for those purposes., and

(b)in subsection (9)(b) (which makes it an offence to obstruct the exercise by the Chief Inspector of his rights of entry), after “subsection (8)” there is inserted “or (8A)”.

(3)In section 3 (power of Chief Inspector for England to arrange for inspections), in subsection (3) (rights of entry etc.)—

(a)after paragraph (a) there is inserted—

(aa)a right of entry to any other premises on which, by virtue of arrangements made by the school, any pupils who—

(i)are registered at the school, and

(ii)have attained the age of 15, or will attain that age in the current school year, but have not ceased to be of compulsory school age,

are receiving part of their education from any person (“the provider”);

(ab)a right of entry to any premises of the provider used in connection with the provision by him of that education;, and

(b)after paragraph (b) there is inserted and

(c)a right to inspect and take copies of—

(i)any records kept by the provider relating to the provision of education for pupils registered at the school, and

(ii)any other documents containing information relating to the provision of such education by the provider,

which the Inspector considers relevant to the discharge of his functions.

(4)In section 5 (functions of the Chief Inspector for Wales)—

(a)after subsection (8) (rights of entry etc.) there is inserted—

(8A)For the purposes of the exercise of any function conferred by or under this section the Chief Inspector for Wales shall have at all reasonable times—

(a)a right of entry to any premises (other than school premises) on which, by virtue of arrangements made by a school in Wales, any pupils who—

(i)are registered at the school, and

(ii)have attained the age of 15, or will attain that age in the current school year, but have not ceased to be of compulsory school age,

are provided with part of their education by any person (“the provider”);

(b)a right of entry to any premises of the provider used in connection with the provision by him of that education; and

(c)a right to inspect and take copies of—

(i)any records kept by the provider relating to the provision of that education, and

(ii)any other documents containing information so relating,

which the Chief Inspector requires for those purposes., and

(b)in subsection (9)(b) (which makes it an offence to obstruct the exercise by the Chief Inspector of his rights of entry), after “subsection (8)” there is inserted “or (8A)”.

(5)In section 6 (power of Chief Inspector for Wales to arrange for inspections), in subsection (3) (rights of entry etc.)—

(a)after paragraph (a) there is inserted—

(aa)a right of entry to any other premises on which, by virtue of arrangements made by the school, any pupils who—

(i)are registered at the school, and

(ii)have attained the age of 15, or will attain that age in the current school year, but have not ceased to be of compulsory school age,

are receiving part of their education from any person (“the provider”);

(ab)a right of entry to any premises of the provider used in connection with the provision by him of that education;, and

(b)after paragraph (b) there is inserted and

(c)a right to inspect and take copies of—

(i)any records kept by the provider relating to the provision of education for pupils registered at the school, and

(ii)any other documents containing information relating to the provision of such education by the provider,

which the Inspector considers relevant to the discharge of his functions.

(6)In Schedule 3 (inspections by registered inspectors under section 10), in paragraph 7 (rights of entry etc.), after sub-paragraph (2) there is inserted—

(3)A registered inspector conducting an inspection of a school, and the members of his inspection team, shall also have at all reasonable times—

(a)a right of entry to any premises (other than school premises) on which, by virtue of arrangements made by the school, any pupils who—

(i)are registered at the school, and

(ii)have attained the age of 15, or will attain that age in the current school year, but have not ceased to be of compulsory school age,

are receiving part of their education from any person (“the provider”);

(b)a right of entry to any premises of the provider used in connection with the provision by him of that education; and

(c)a right to inspect and take copies of—

(i)any records kept by the provider relating to the provision of that education, and

(ii)any other documents containing information so relating,

which the inspector or (as the case may be) member of the team requires for the purposes of the inspection.

180Inspections of LEAs: rights of entry etc.

For section 40 of the Education Act 1997 (c. 44) (inspector’s rights of entry etc.) there is substituted—

40Inspector’s rights of entry etc.

(1)This section applies where a local education authority are inspected under section 38.

(2)The inspector, and any person assisting him, shall have at all reasonable times a right of entry to—

(a)the premises of the local education authority,

(b)the premises of any school maintained by the authority, and

(c)any other premises at which relevant section 19 education is provided, other than premises which are or form part of a private dwelling house but are not a school.

(3)The inspector, and any person assisting him, shall also have at all reasonable times a right to inspect and take copies of—

(a)any records kept by, and any other documents containing information relating to, the local education authority or any school maintained by the authority, and

(b)any records kept by a person who provides relevant section 19 education that relate to the provision of that education, and any other documents containing information that so relates;

which he considers relevant to the exercise of his functions.

(4)Section 42 of the School Inspections Act 1996 (inspection of computer records) shall apply for the purposes of subsection (3) as it applies for the purposes of Part 1 of that Act.

(5)Without prejudice to subsections (2) and (3), the local education authority and the governing body of any school maintained by the authority—

(a)shall give the inspector and any person assisting him, all assistance in connection with the exercise of his functions which they are reasonably able to give, and

(b)shall secure that all such assistance is also given by persons who work at the school.

(6)It shall be an offence wilfully to obstruct the inspector or any person assisting him in the exercise of his functions in relation to the inspection.

(7)A person guilty of an offence under subsection (6) shall be liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(8)In this section—

  • “document” and “records” each include information recorded in any form; and

  • “relevant section 19 education” means education provided to a child by virtue of arrangements made by the local education authority under section 19 of the Education Act 1996 (exceptional provision of education at schools or otherwise).

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

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
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. 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
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources