- Latest available (Revised)
- Original (As enacted)
Education Act 2002
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland, Northern Ireland)
- Show Timeline of Changes
Opening Options
Status:
This version of this provision is prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Education Act 2002. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 164:
Changes and effects
This section lists the changes and effects yet to be applied to the specific provision you are viewing.
- s. 85 85A substituted for s. 85 by 2006 c. 40 s. 74(1)
- s. 163 164 substituted by 2005 c. 18 Sch. 8 para. 3
- s. 164 text amended by 2008 c. 25 Sch. 1 para. 20 Sch. 2
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Act Education Acts modified by 2006 c. 40 Sch. 6 para. 3(3)
- Act applied by S.I. 2005/397 reg. 2
- Act modified by 2005 c. 18 s. 96(2)
- Act text amended by S.I. 2010/1158 Sch. 2 para. 11(2)(3)
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 2A inserted by 2004 c. 4 s. 8(6)(8)
- s. 5A inserted by 2004 c. 4 s. 8(7)(8)
- s. 23A inserted by 2006 c. 40 s. 34
- s. 28A inserted by 2005 c. 18 s. 105
- s. 29A inserted by 2008 c. 25 s. 154
- s. 29B inserted by 2008 c. 25 s. 157
- s. 30A inserted by 2005 c. 18 s. 104
- s. 30A repealed by 2011 c. 21 s. 32(1)
- s. 51A inserted by 2011 c. 21 s. 4(2)
- s. 62A applied (with modifications) by S.I. 2007/2979 Sch. 1 para. 18(1)
- s. 62A inserted by 2006 c. 40 Sch. 7 para. 20
- s. 62A(1A)-(1C) inserted by 2009 c. 22 s. 204(2)
- s. 62A(4) words inserted by 2009 c. 22 s. 204(3)
- s. 85A amendment to earlier affecting provision 2006 c. 40 s. 74(1) by 2011 c. 21 s. 31(2)
- s. 85A amendment to earlier affecting provision 2006 c. 40 s. 74(1) by 2011 c. 21 Sch. 8 para. 20(b)
- s. 85A(5) words substituted by 2009 c. 22 Sch. 12 para. 34
- s. 116A inserted by 2009 nawm 1 s. 4
- s. 116B inserted by 2009 nawm 1 s. 5
- s. 116C inserted by 2009 nawm 1 s. 6
- s. 116D inserted by 2009 nawm 1 s. 7
- s. 116E inserted by 2009 nawm 1 s. 8
- s. 116F inserted by 2009 nawm 1 s. 9
- s. 116G inserted by 2009 nawm 1 s. 10
- s. 116H inserted by 2009 nawm 1 s. 11
- s. 116I inserted by 2009 nawm 1 s. 12
- s. 116J inserted by 2009 nawm 1 s. 13
- s. 116J(5)(b)(c) omitted by 2011 nawm 7 s. 9(3)(b)(ii)
- s. 116J(5)(aa) inserted by 2011 nawm 7 s. 9(3)(b)(i)
- s. 116K inserted by 2009 nawm 1 s. 14
- s. 116L inserted by 2009 nawm 1 s. 15
- s. 116M inserted by 2009 nawm 1 s. 16
- s. 116N inserted by 2009 nawm 1 s. 17
- s. 116O inserted by 2009 nawm 1 s. 18
- s. 135A-135C and cross heading inserted by 2011 c. 21 s. 9
- s. 135A(1)(d) words inserted by 2011 c. 21 Sch. 13 para. 13(2)(a)
- s. 135A(2)(k) words substituted by 2011 c. 21 Sch. 13 para. 13(2)(b)
- s. 135A(5) words inserted by 2011 c. 21 Sch. 13 para. 13(2)(c)
- s. 141A-141E and cross heading inserted by 2011 c. 21 s. 8(1)
- s. 141A(1)(ba) inserted by 2011 c. 21 Sch. 13 para. 13(3)
- s. 141D(4) words inserted by 2011 c. 21 Sch. 13 para. 13(4)
- s. 141F-141H and cross heading inserted by 2011 c. 21 s. 13(1)
- s. 156A inserted by 2008 c. 25 Sch. 1 para. 15
- s. 162A 162B inserted by 2005 c. 18 Sch. 8 para. 2
- s. 162A repealed by 2008 c. 25 Sch. 1 para. 18 Sch. 2
- s. 162A(4) repealed by 2006 c. 40 Sch. 14 para. 73(2) Sch. 18 Pt. 5
- s. 162A(5) text amended by 2006 c. 40 Sch. 14 para. 73(3)
- s. 162B repealed by 2008 c. 25 Sch. 1 para. 18 Sch. 2
- s. 162B(8) repealed by 2006 c. 40 Sch. 14 para. 74 Sch. 18 Pt. 5
- s. 167A-167D inserted by 2006 c. 40 s. 169
- s. 167A(6)(a) repealed by 2008 c. 25 Sch. 1 para. 22(a) Sch. 2
- s. 167A(6)(b) text amended by 2008 c. 25 Sch. 1 para. 22(b) Sch. 2
- s. 167B(1) text amended by S.I. 2008/2833 Sch. 3 para. 196
- s. 167C amendment to earlier affecting provision 2008 c. 25Sch. 1 para. 23 by 2011 c. 21 Sch. 2 para. 20(b)
- s. 167C 167D substituted by 2008 c. 25 Sch. 1 para. 23
- s. 167C text amended by 2009 c. 26 s. 81(2)s. 81(3)(k)
- s. 167C text amended by 2009 c. 26 s. 81(4)(a)
- s. 168A-168C inserted by 2006 c. 40 s. 172(2)
- s. 208A inserted by 2009 c. 22 Sch. 6 para. 55
- s. 208A omitted by 2011 c. 21 Sch. 16 para. 20
- s. 210A inserted by 2008 c. 25 Sch. 1 para. 79
- Sch. 11A inserted by 2011 c. 21 s. 8(2)
- Sch. 11B inserted by 2011 c. 21 Sch. 4
- specified provision(s) Appointed Day(s) by S.I. 2003/1718 art. 4-6 Sch.
- specified provision(s) amendment to earlier commencing SI 2003/1667 Sch. para. 1 by S.I. 2004/571 Sch.
Commencement Orders yet to be applied to the Education Act 2002:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2003/124 art. 2-5 commences (2002 c. 32)
- S.I. 2003/1667 art. 2-6 commences (2002 c. 32)
- S.I. 2003/2071 art. 2 commences (2002 c. 32)
- S.I. 2003/2961 art. 4-7 commences (2002 c. 32)
- S.I. 2003/2992 art. 3 amendment to earlier commencing SI 2002/2439
- S.I. 2004/912 art. 4 5 commences (2002 c. 32)
- S.I. 2004/1318 art. 2 commences (2002 c. 32)
- S.I. 2004/1728 art. 4 5 commences (2002 c. 32)
- S.I. 2005/1395 art. 4 commences (2002 c. 32)
- S.I. 2005/2910 art. 4 commences (2002 c. 32)
- S.I. 2006/172 art. 4 5 commences (2002 c. 32)
- S.I. 2006/879 art. 4 commences (2002 c. 32)
- S.I. 2006/1336 art. 4(1) Sch. Pt. 1 commences (2002 c. 32)
- S.I. 2006/2895 art. 2 commences (2002 c. 32)
- S.I. 2007/3611 art. 4 commences (2002 c. 32)
- S.I. 2008/1728 art. 3 commences (2002 c. 32)
- S.I. 2010/707 art. 3 commences (2002 c. 32)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/1115 art. 2-4 commences (2002 c. 32)
- S.I. 2003/2938 art. 2-7 commences (2003 c. 26)
- S.I. 2003/3034 art. 2 commences (2003 c. 26)
- S.I. 2005/394 art. 2 commences (2004 c. 31)
- S.I. 2005/2034 art. 2-9 commences (2005 c. 18)
- S.I. 2005/2570 art. 2 amendment to earlier commencing SI 2003/1667
- S.I. 2006/378 art. 2-7 Sch. commences (2005 c. 15)
- S.I. 2006/885 art. 2 commences (2004 c. 31)
- S.I. 2006/1338 art. 3-5 Sch. 1 2 commences (2005 c. 18)
- S.I. 2006/2129 art. 3 4 commences (2005 c. 18)
- S.I. 2007/935 art. 2-7 commences (2006 c. 40)
- S.I. 2007/1019 art. 2-5 commences (2006 c. 21)
- S.I. 2007/1271 art. 2 3 commences (2006 c. 40)
- S.I. 2007/1801 art. 2-4 commences (2006 c. 40)
- S.I. 2007/3505 arts. 2-6 commences (2007 c. 25)
- S.I. 2008/313 art. 2 3 commences (2007 c. 25)
- S.I. 2008/1429 art. 3 commences (2006 c. 40)
- S.I. 2008/2261 art. 2 commences (2006 c. 21)
- S.I. 2009/371 art. 2 Sch. commences (2008 nawm 2)
- S.I. 2009/1606 art. 2 commences (2008 c. 25)
- S.I. 2009/2545 art. 3 commences (2006 c. 40)
- S.I. 2009/2611 art. 2 Sch. commences (2006 c. 47)
- S.I. 2009/3174 art. 2 commences (2009 nawm 1)
- S.I. 2009/3317 art. 2 commences (2009 c. 22)
- S.I. 2010/303 art. 2-7 Sch. 1-6 commences (2009 c. 22)
- S.I. 2010/735 art. 2 commences (2005 c. 18)
- S.I. 2010/1093 art. 2 3 commences (2008 c. 25)
- S.I. 2010/1101 art. 2-5 commences (2006 c. 47)
- S.I. 2010/1101 art. 6-11 amendment to earlier commencing SI 2009/2611
- S.I. 2010/1151 art. 2-4 commences (2009 c. 22)
- S.I. 2010/1817 art. 2-4 commences (2010 c. 26)
- S.I. 2010/1937 art. 2-5 commences (2010 c. 32)
- S.I. 2010/2317 art. 2 3 commences (2010 c. 15)
- S.I. 2010/2413 art. 2 commences (2009 c. 22)
- S.I. 2010/2543 art. 2 3 commences (2006 c. 40)
- S.I. 2010/2582 art. 2 Sch. 1 commences (2010 nawm 1)
- S.I. 2011/97 art. 2 commences (2009 nawm 1)
- S.I. 2011/829 art. 2 commences (2009 c. 22)
- S.R. 2005/282 art. 2-5 commences (2004 c. 4)
Prospective
164 Inspections: supplementaryE+W
This section has no associated Explanatory Notes
(1)This section applies to the inspection of a school which is conducted by the Chief Inspector or a registered inspector under section 163(1)(a).
(2)If the inspection is conducted by a registered inspector—
(a)he may, by agreement with the Chief Inspector, be assisted by the Chief Inspector, and
(b)he may be assisted by such one or more persons enrolled in the list kept under paragraph 3A of Schedule 3 to the School Inspections Act 1996 (c. 57) as he may determine, subject to paragraph 3(5) of that Schedule and subsection (3) below.
(3)If the Chief Inspector so requires, a registered inspector shall be assisted by at least one person enrolled in the list referred to in subsection (2)(b)—
(a)who is without personal experience in the management of any school or the provision of education in any school (otherwise than as a governor or in any other voluntary capacity, and disregarding any experience which it is reasonable to regard as insignificant), and
(b)whose primary function in the inspection is not that of providing financial or business expertise.
(4)If the inspection is conducted by a registered inspector, it may be monitored by the Chief Inspector.
(5)The person conducting the inspection, any person assisting him pursuant to subsection (2) or (3) and any person monitoring the inspection shall have at all reasonable times—
(a)a right of entry to the premises of the school, and
(b)a right to inspect and take copies of any records kept by the school and any other documents containing information relating to the school which are required for the purposes of the inspection.
(6)Section 42 of the School Inspections Act 1996 (c. 57) (computer records) applies in relation to the inspection of records or other documents under subsection (5)(b).
(7)It is an offence wilfully to obstruct a person in the exercise of his functions in relation to the inspection.
(8)A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(9)The proprietor of the school shall pay the Chief Inspector, in respect of the inspection, a fee of such amount, and by such time, as may be specified in or determined under regulations.
(10)Where the proprietor fails to comply with subsection (9), the registration authority may remove the school from the register.
(11)The Chief Inspector shall pay the amount of any fee received under subsection (9) into the Consolidated Fund.
Options/Help
Print Options
Print The Whole Act
Print The Whole Part
Print The Whole Chapter
Print The Whole Cross Heading
Print This Section only
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 only 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?
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.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
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.
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
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